Tarawera Awa Restoration Strategy Group Rārangi Take (Agenda)

NOTICE IS GIVEN that the next meeting of the Tarawera Awa Restoration Strategy Group will be held at
Firmin Lodge, Waterhouse Street, Kawerau on:

Tuesday 29 August 2023 COMMENCING AT 9:30 AM

 

 

Fiona McTavish

Chief Executive

21 August 2023

 

 

 

 


 

Tarawera Awa Restoration Strategy Group

Membership

Chairperson

Leith Comer (Te Mana o Ngāti Rangitihi)

Deputy Chairperson

Pouroto Ngaropo (Te Rūnanga o Ngāti Awa)

Tangata Whenua Members

 

One appointed representative each:

 

Te Mana o Ngāti Rangitihi

Tīpene Marr (Alternate)

Ngāti Mākino Iwi Authority

Awhi Awhimate

Laurance Tamati (Alternate)

·         Te Rūnanga o Ngāti Awa

Tuwhakairiora O’Brien (Alternate)

Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust

Jim Schuster

Council Members

 

One appointed member each:

 

Bay of Plenty Regional Council

Chairman Doug Leeder

Cr Malcolm Campbell (Alternate)

Kawerau District Council

Mayor Faylene Tunui

Deputy Mayor Aaron Rangihika (Alternate)

Rotorua Lakes Council

Cr Gregg Brown

Phill Thomass – Lakes Community Board (Alternate)

Whakatāne District Council

Mayor Victor Luca

Deputy Mayor Lesley Immink (Alternate)

Quorum

Five members comprising:

The Chairperson or Deputy Chairperson; and two Iwi members and two Council members.

Meeting frequency

Quarterly

Purpose

To support, co-ordinate and promote the integrated restoration of the mauri of the Tarawera Awa catchment.

Scope

The Strategy Group’s scope covers the geographical area of the Tarawera River catchment, including its tributaries within the catchment area, as shown further below on map OMCR-102-032.

The Strategy Group is deemed to be a co-governance joint committee of the Bay of Plenty Regional Council; and is a permanent committee and must not be discharged unless all appointing organisations agree to the discharge.

Role

The functions of the Strategy Group are to —

(a)      develop a restoration strategy for the catchment, to be known as the Tarawera Awa Restoration Strategy Document; and

(b)      monitor the implementation and effectiveness of the Strategy Document; and

(c)      run and oversee restoration projects as required under the Strategy Document; and

(d)      seek funding for the restoration projects as required by the Strategy Document; and

(e)      communicate with stakeholders and the wider community to explain how decisions made or activities affecting the catchment align, or could be aligned, with the common vision, objectives, and desired outcomes for the catchment; and

(f)       establish 1 or more technical advisory groups as required, as outlined in section 134[1]; and

(g)      seek the advice of a technical advisory group or the relevant local government in support of restoration activities; and

(h)      link stakeholders together so that activities that take place in the catchment, or that affect the mauri of the catchment, are compatible as far as possible with the common vision, objectives, and desired outcomes for the catchment; and

(i)        provide a framework to assist central government agencies and local government so that they may have regard to the common vision, objectives, and desired outcomes for the catchment; and

(j)        undertake any other function required to achieve the purpose of the Strategy Group.

Decision Making

The Strategy Group must make its decisions by vote at a meeting and strive to achieve consensus; and approach decision making in a manner that is consistent with, and reflects its purpose; and acknowledges, as appropriate, the interests of iwi in particular parts of the catchment.

The Chairperson and Deputy Chairperson may vote on any matter, but do not have a casting vote.

Power to Act

Except as provided for in the purpose above, the Strategy Group has discretion 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 Strategy Group’s delegated role as it deems appropriate.

Strategy Group members report directly to their respective appointing organisations.

 

 


Tarawera Awa Restoration Strategy Group                                                             29 August 2023

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

Rārangi Take
Agenda

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      Tarawera Awa Restoration Strategy Group Minutes - 23 May 2023   4

8.       Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

8.1      Essential Freshwater Policy Programme Update                                  4

Attachment 1 - Framework for a Future Focussed Plan - Portals                                 4

8.2      Smith Road Old Rangitāiki Channel Crossing Upgrade                       4

Attachment 1 - 2023 06 23 Smith Road Old Rangitāiki Crossing Map                          4

8.3      Update from the Rangitaiki-Tarawera Rivers Scheme Advisory Group                                                                                                                   4

9.       Ngā Take Tōmuri Hei Whakaaroaro
Consideration of Items not on the Agenda

10.     Karakia Kati
Closing Prayer


Tarawera Awa Restoration Strategy Group Minutes

23 May 2023

 

Tarawera Awa Restoration Strategy Group

Ngā Meneti

Open Minutes               

Commencing:             Tuesday 23 May 2023, 9:35 AM

Venue:                         Mataatua Room, Bay of Plenty Regional Council Building,
5 Quay Street, Whakatane

Heamana

Chairperson:               Leith Comer (Te Mana o Ngāti Rangitihi Trust)

Heamana Tuarua

Deputy Chairperson:  Pouroto Ngaropo (Te Rūnanga o Ngāti Awa)

Ngā Kopounga

Members:                    Te Mana o Ngāti Rangitihi Trust:

                                    Tiipene Marr (Alternate)

                                                      Ngāti Mākino Iwi Authority:
Awhi Awhimate, Laurance Tamati (Alternate)

Bay of Plenty Regional Council Toi Moana (BOPRC):
Chairman Doug Leeder, Cr Malcolm Campbell (Alternate)

Whakatāne District Council:
Mayor Victor Luca, Deputy Mayor Lesley Immink (Alternate)

Te Rūnanga o Ngāti Awa:

Manurere Glen (Alternate)

Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust:
Jim Schuster

Rotorua Lakes Council:

Lakes Community Board Chair Phill Thomass (Alternate)

Kawerau District Council:
Mayor Faylene Tunui

Te Hunga i Tae Ake

In Attendance:            BOPRC: Chris Ingle – General Manager Integrated Catchments, Reuben Fraser – General Manager Regulatory Services, Stephen Lamb – Environmental Strategy Manager, Nassah Rolleston-Steed – Principal Advisor, Policy & Planning, Herewini Simpson – Kaihautu Te Amorangi Lead, Rawiri Bhana – Senior Advisor Treaty, Margaret Courtney – Senior Advisor, Kotahitanga Strategic Engagement, Shari Kameta – Committee Advisor

                                    Kawerau District Council: Russell George – Chief Executive, Te Haukakawa Te Rire – Cultural Advisor

                                                      Te Mana o Ngāti Rangitihi: Frances Teinakore-Curtis -  Environmental Manager

                                                      Te Rūnanga o Ngāti Awa: Reuben Araroa - Manahatū

                                                      Jane Waldon – Co-Governance Secretariat, Keri Topperwein - Co-Director, Tuānuku Ltd

Ngā Hōnea

Apologies:                  Cr Gregg Brown (Rotorua Lakes Council)

Deputy Mayor Aaron Rangihika (Alternate, Kawerau District Council)

 

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by kaumatua Te Haukakawa Te Rire, with a mihi of reply provided by Tiipene Marr.

2.     Chair’s Opening Statement

The Chair advised there been recent membership changes within the Strategy Group and asked for a round of introductions from members and those seated at the table.

3.     Ngā Hōnea
Apologies

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Accepts the apologies from Cr Gregg Brown and Deputy Mayor Aaron Rangihika for absence tendered at the meeting.

Ngaropo/Luca

CARRIED

4.     Ngā Take Tōmuri
Items not on the Agenda

The Chair advised that the following verbal update would be provided towards the end of the meeting by Reuben Fraser, General Manager Regulatory Services:

·      Item 9.1, Verbal Update on Kawerau Mill landfills and discharges

5.     Raupapa o Ngā Take
Order of Business

The Chair sought a change to receive agenda items in the following order:

·      Item 8.2, Essential Freshwater Policy Programme Update

·      Item 8.1, Planning and project management resourcing matters to consider for preparing the Tarawera Awa Restoration Strategy Document

·      Item 9.1, Verbal Update on Kawerau Mill landfills and discharges

·      Item 8.3, Update on the Resource Management related Ngāti Rangitihi Treaty Settlement Redress draft deed to amend.

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

Tarawera Awa Restoration Strategy Group Minutes - 28 February 2023

Matters Arising

·      In relation to Minute Item 5.1, Inaugural Meeting Administrative Matters, resolution 2(c) on page 11 of the agenda - it was noted that Manurere Glen had recently been appointed as the alternate member for Te Rūnanga o Ngāti Awa, replacing Tu O’Brien and that Laurance Tamati had been appointed as the alternate member for Ngāti Mākino Iwi Authority, replacing Sandie Rota.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Confirms the Tarawera Awa Restoration Strategy Group Minutes - 28 February 2023 as a true and correct record, subject to the following amendments:

·      Page 7 of the Agenda - Add Russell George, Chief Executive, Kawerau District Council to the attendance record.

Leeder/Awhimate

CARRIED

8.     Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

8.2

Essential Freshwater Policy Programme Update

Presentation - Tarawera Awa Essential Freshwater Update: Objective ID A4384352   

Presented by: Stephen Lamb, Environmental Strategy Manager, accompanied by Nassah Rolleston-Steed, Principal Advisor, Policy & Planning

Key Points:

·    Recapped the two separate legislative processes: for the Tarawera Awa Restoration Strategy document; and for the National Policy Statement for Freshwater Management (NPSFM).

·    Outlined Regional Council’s timeframes required to implement the NPSFM and opportunities for tangata whenua and community to engage and input throughout the process.

·    Outlined dates for hui-a-rohe during May, follow-up hui scheduled for August and Tarawera Awa community events being held on 30 May and 26 July. Noted that engagement opportunities with/for tangata whenua had low attendance to date.

·    Provided an overview of the draft region-wide and Tarawera Freshwater Management Unit (FMU) Story discussion document that had been released to seek feedback on information held by Bay of Plenty Regional Council Toi Moana (BOPRC) to support conversations and inform policy development

·    The Tarawera FMU story was only one part of the consultation process and would not replace the Tarawera Restoration Strategy document.

·    Alignment between the two legislative processes and their timing was not ideal and staff sought the Strategy Group’s guidance on how we might get to the best outcome, and to seek advice on the Strategy Group’s role in engaging the community on its part of the kaupapa

·    An open invitation was extended to anyone who wished to contact/liaise with staff with any questions.

Key Points - Members:

·    Expressed disappointment in regard to the competing timeframes of the two legislative processes which would create confusion and duplication of engagement for tangata whenua, and suggested that the Strategy Group signal this with the Ministry for the Environment (MfE) and Te Arawhiti 

·    Questioned whether tangata whenua and community engagement should be combined

·    Ensure the right people from iwi/hapū/whānau, including traditional leaders, were involved in key conversations

·    Considered the Restoration Strategy document was the tuakana (higher level document) which would have prominent weighting and an important component for feeding into the Tarawera FMU

·    Aspirations of iwi/hapū/whānau to restore the mauri of the Tarawera Awa needed to be recognised within the Tarawera FMU

·    Local Government New Zealand’s Regional Sector Group (RSG) had expressed its concerns regarding NPSFM timing challenges and were in discussion with MfE on the possibility for some plan changes and FMUs to be implemented in a staged approach

·    Encouraged the Strategy Group to maintain an open dialogue with BOPRC staff to input into the Tarawera FMU.

In Response to Questions - Staff:

·    The NPSFM’s National Objective Framework (NOF) provided technical standards and bottom lines (i.e. bands), but did not provide standards and measurements for mauri, which could only come from Māori

·    Following discussion on the process for developing an “Aspirational Document for the Tarawera Awa” (discussed under Agenda Item 8.1, Planning and project management resourcing matters to consider for preparing the Tarawera Awa Restoration Strategy Document), the Regional Council was asked to contribute advice on what engagement might usefully support the development of the document.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Essential Freshwater Policy Programme Update.

Ngaropo/Schuster

CARRIED

 

10:41 am – the meeting adjourned.

11:05 am – the meeting reconvened.

11:05 am - Chairman Leeder – withdrew from the meeting.

 

In consideration of the concerns in regard to the NPSFM alignment and timeframe challenges with the Strategy Document, the Strategy Group supported BOPRC seeking prioritisation of the Restoration Strategy document to guide freshwater management decisions and processes.

2        Supports Bay of Plenty Regional Council in seeking to ensure the mana of the Restoration Strategy Document has priority for guiding Freshwater management decisions within the NPSFM or any subsequent processes.

 

Luca/Ngaropo

CARRIED

Ngā Whakatau e Hiahiatia Ana
Decisions Required

8.1

Planning and project management resourcing matters to consider for preparing the Tarawera Awa Restoration Strategy Document

Tabled Document 1 - Report Attachment 1 - Tarawera Awa Strategy Document Purpose: Objective ID A4389538   

 

Presented By:  Nassah Rolleston-Steed – Principal Advisor, Policy & Planning
Supported by Stephen Lamb – Environmental Strategy Manager

It is noted that the attachment referred to within the report was omitted from the agenda and pre-circulated to members before the meeting (refer Tabled Document).

Key Points - Chair:

·    Sought discussion from the Strategy Group to consider:

o Taking a staged approach to develop the Restoration Strategy Document by chapter, using aspirations that were based on the definition of mauri that was presented to the Strategy Group at the 28 February inaugural meeting

o Producing an aspirations document within a short timeframe as the Strategy Group’s response to input into the Tarawera FMU

o Including within the aspirations document a summary of the historical background of the awa, historical Crown breaches, establishment of the Strategy Group, restoring the mauri of the awa and Te Awa o Te Atua, and the Group’s aspirations in regard to point source and non-point source discharges, land use and use of the water.

Key Points - Members:

·    Supported a staged approach and prioritising preparation of an aspirations document to feed into and direct the Tarawera FMU document, as a precursor to the NPSFM, due to the competing legislative processes.

·    Discussed the philosophy behind mauri and the lifeforce of the awa, as defined by iwi representatives and reported to the Strategy Group’s
28 February 2023 meeting 

·    Raised for consideration:

o Using the mauri definition as defined by iwi representatives as a preface within the aspirations document

o Applying the highest aspirations in regard to water quality/colour levels from below Tarawera Falls downstream to the river mouth

o Establishing reference levels to restore and measure the mauri and wellness of the awa and Te Awa o te Awa

o Setting realistic timeframes to minimise industry concerns

o Including a description for how the Aspirations document would be recognised by other processes

o Documenting how the Strategy Group would engage with stakeholders/community

o Utilising Iwi Treaty Settlement documents and staff expertise to assist in developing the document

Key Points - Staff:

·    Outlined the Strategy document’s purpose, considerations for taking a staged approach, guidance sought on defining mauri, and the need to secure a project manager to lead development of the document

·    Noted that it was possible for the Strategy Group to develop the Strategy document while feeding into the NPSFM and other processes, and to exclude discretionary content which could be done at a later time.

·    Developing the Strategy document would still take some time and staff’s recommendation to publicly notify the Strategy Group’s intention to commence preparation of the Strategy document did not specify a date

·    Prioritising development of an aspirational document could feed into preparation of the Strategy document, as part of a staged approach and to meet the legislative requirement of the Ngāti Rangitihi Claims Settlement Act 2022

·    Clarified the need for the aspirational document to also influence the subsequent regional plan change and regulatory planning document

·    Staff’s preferred timeframe for completing the aspirations document was as soon as possible before the end of 2023 (noting the need for engagement with those that the Group would need to work with to deliver aspirations).

·    Sought the Strategy Group’s direction on whether it wished to share the Aspirations document with a discrete group of stakeholders

Key Points - Members:

·    Requested Regional Council to contribute advice on what engagement might usefully support the development of the aspirations document for the Tarawera Awa.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Planning and project management resourcing matters to consider for preparing the Tarawera Awa Restoration Strategy Document;

2        Defers preparation of the Tarawera Awa Restoration Strategy Document and prioritise preparation of an Aspirations Document to direct and influence the preparation of the Tarawera Freshwater Management Unit Story and subsequent regional plan change to give effect to the NPSFM;

3        Notes Keri Topperwien has agreed to lead preparation of the Tarawera Awa Restoration Strategy Document;

4        Notes staff are still investigating options to secure a dedicated person to project manage development of the Tarawera Awa Restoration Strategy Document. 

Ngaropo/Schuster

CARRIED

 

9.     Ngā Take Tōmuri Hei Whakaaroaro
Consideration of Items not on the Agenda

9.1

Verbal Update on Kawerau Mill Landfills and Discharges

Presentation - Kawerau Mill landfills and discharges: Objective ID A4384353   

 

Presented By: Reuben Fraser – General Manager Regulatory Services

The update was in regard to the discharges and ongoing management of the landfills associated with the Tasman Mill and had been requested by the Strategy Group’s Chair following his conversation with Chris Finlayson who represented trustees of the area around Lake Rotoitipaku at Kawerau.

Key Points:

·    Acknowledged the connection and knowledge within the Strategy Group pertaining to Kawerau and the Tarawera awa

·    Outlined the area where Lake Rotoitipaku used to be, which had been turned into landfill over many decades from operations at the mills

·    One of the concerns raised by Mr Finlayson related to the integrity and ongoing maintenance of the eastern bund that provided a barrier between the waste and Tarawera awa

·    Summarised the two key resource consents in relation to the operation of the mill and its landfills:

o Consent 65722 covered a range of activities at the mill site, including taking of water from the awa and stormwater discharges

o Consent 61695 covered the use and ongoing management of the landfills on the other side of the river, which were in the process of being closed

o Both consents were held by a joint venture between Norske Skog and Oji Fibre Solutions (Oji)

o Oji would be taking over responsibility of the consents and were legally obliged to comply with consent conditions to be able to operate

·    Oji were working through the landfill closure process, which had been prepared by the joint venture

·    BOPRC had received the first part of the draft closure plan (technical information) where some gaps had been highlighted that would need to be worked through. BOPRC were yet to receive other mitigation measures, which included cultural mitigation.

12:15 pm – Chairman Leeder entered the meeting.

 

·    Oji were required to consult with Ngāti Tuwharetoa (BOP) Settlement Trust and the landowner trustees that Mr Finlayson represented

·    Landfill closure plans would set out the ongoing management/framework for how the sites would be managed, remediated and used into the future

·    Consent expiration and replacements would be sought in 2035 and 2038

·    Noted there was opportunity now to set the expectation for ongoing management of the landfills. BOPRC wished to see some clear closure plans implemented and had indicated an expectation for bonds to be put in place to provide confidence to the community and ensure there were available funds to carry out remediation

·    One aspect of the closure plans was the geotechnical stability of the containment bunds, which the consent holder had been asked to address

·    BOPRC had to approve the closure plans and had a process in place to ensure it was managed appropriately

·    The Strategy Group could determine if it wished to be involved or to be provided with regular updates.

Key Points - Members:

·    Wished to receive future updates, including an update on the geotechnical stability of the bunds and technical composition of landfill and discharges

·    Suggested that Oji should be consulting with all iwi represented on the Strategy Group, with the agreement of Ngāti Tūwharetoa (BOP) Settlement Trust.

In Response to Questions - Staff:

·    BOPRC was not privy to original lease agreements and therefore could not share these with the Strategy Group

·    Resource consent conditions for discharges from Waiū Dairy at Kawerau specified that discharges went into a wastewater treatment plant and had conditions to prevent discharge to land

·    Sub-leasing to a different activity under the same consent was considered unlikely

·    NPSFM process would provide opportunities to set freshwater limits and prevent future discharges into the Tarawera awa by incorporating the concept of mauri and aspirations for water quality limits that the Strategy Group wished to achieve

·    Discussions in regard to the cultural mitigation plan would be best had with Ngāti Tūwharetoa (BOP) Settlement Trust.

Hei Pānui Anake
Information Only Report (Continued)

8.3

Update on the Resource Management related Ngati Rangitihi Treaty Settlement Redress draft deed to amend

Presented by:  Leith Comer, Strategy Group Chair

Key Points:

·    Noted the concerns raised by MfE and Minister Hon David Parker to ensure Ngāti Rangitihi Settlement redress were given effect under the new resource management system reform

·    Ngāti Rangitihi would be having discussions with Mr David Tapsell on behalf of the Minister around the implications of the reforms on the Settlement.

Key Points - Members:

·    Sought consideration from the Chair that the meeting with MfE could be an opportune time to convey the decision made by the Strategy Group to defer development of the Strategy document due to the dual process and competing timeframe of the NPSFM, which had not been addressed during the Treaty settlement process and had not been helpful.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Update on the Resource Management related Ngati Rangitihi Treaty Settlement Redress draft deed to amend.

Comer/Tunui

CARRIED

 

10.   General Business

 

1.   It was noted that an invitation had been extended to the Strategy Group to visit Essity tissue mill at Kawerau to view current environmental practices being used and the opportunity for this to coincide with the Strategy Group’s next meeting on 29 August 2023.

 

2.   Sought for consideration the Strategy Group undertaking a field trip to look at cultural significant sites along the Tarawera Awa.

 

11.   Karakia Kati
Closing Karakia

A karakia was provided by kaumatua Te Haukakawa Te Rire.

12:37 pm – the meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                                            Leith Comer

Chairperson
Tarawera Awa Restoration Strategy Group

 


 

 

 

Pūrongo Ki:
Report To:

Tarawera Awa Restoration Strategy Group

Rā Hui:
Meeting Date:

29 August 2023

Kaituhi Pūrongo:
Report Writer:

Gemma Moleta, Senior Planner (Water Policy)

Kaiwhakamana Pūrongo:
Report Authoriser:

Namouta Poutasi, General Manager, Strategy and Science

Kaupapa:
Purpose:

To provide the Tarawera Awa Restoration Strategy Group an update on freshwater policy work underway in the Tarawera catchment and continue to invite involvement.

 

 

Essential Freshwater Policy Programme Update

 

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, delivery of hui-a-rohe wai māori, as well as face to face and online community engagement from April - September. A number of projects with tangata whenua, funded by Council, are ongoing or completed.

Draft policy options will be refined in response to feedback received during the engagement period, prior to Toi Moana making decisions about the content of proposed changes to the Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) to be publicly notified in 2024. This paper also shares Toi Moana’s Strategy and Policy Committee’s decision made on the “portals” approach and signals staff are starting to draft RPS and RNRP plan change text in order to meet deadlines which will enable sharing of draft change text with iwi organisations, Tarawera Awa Restoration Group and key stakeholders early next year.

 

A key message from Toi Moana is that staff are keen to engage with tangata whenua at any point of the process. There remains an open invitation 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 the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Essential Freshwater Policy Programme Update.

 

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 freshwater related chapters of the Regional Policy Statement (RPS), and 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 RPS & RNRP in December 2024 as required by legislation. This year’s focus is primarily on continuing to involve tangata whenua, delivery of hui a rohe wai māori as well as face to face and online community engagement. Considering feedback received to further develop draft policy continues at pace, prior to Toi Moana making decisions about what proposed changes to the RPS and RNRP to publicly notify in 2024.

This report provides an update on EFPP progress most relevant to Kaupapa Māori freshwater matters and the Tarawera co-governance area.

 

2.       Tarawera engagement update

2.1      Tukua tō kōrero! Make sure to have your say!

Feedback closes at the end of September for this part of the process. It can be provided directly from Tarawera Awa Restoration Strategy Group (TARSG) to Toi Moana, alternatively either at the engagement events, online through the Participate webpage, or by filling out the hard copy feedback booklets. TARSG members are urged to provide any feedback they wish to, and to encourage their member organisations and whanau to do the same.

Since the last update (May 2023), two community events have been held for the Tarawera freshwater management unit (FMU) and one hui-ā-rohe event for the Kōhī area.

2.2      Hui-ā-rohe hui

The May hui ā rohe events for Ōkūrei and Kōhī saw 25 and 26 participants attend, respectively.  The hui proved to be an effective means to communicate to tangata whenua on the NPSFM, our progress towards implementation including the critical opportunities that lie within Te Mana o te Wai, the mahinga kai compulsory value and work towards a responsive RNRP.

The hui also highlighted the tangible opportunities for tangata whenua and kaitiaki to help inform regional freshwater decision making.  Attendees particularly enjoyed the iwi presentations. Ngāti Rangiwewehi presented at the Ōkurei hui ā rohe in Rotorua and John Rapana from Ngati Makino presented at the Kōhī hui ā rohe.  These presentations provided a good understanding of how other iwi have approached this kaupapa.

The presentations were a valuable catalyst that has generated additional interest from tangata whenua about how they could potentially participate.  The audience at both hui ā rohe were at varying stages of their ‘wai Māori’ journey and the kōrero reflected that.  There were some robust discussions about allocation, FMUs and the current state of the health of freshwater, water bodies and the surrounding environment.

Toi Moana staff made a particular effort to clarify and delineate the NPSFM / EFPP scope, Te Mana o te Wai and its associated work programmes from other hot topics such as Affordable Waters, the question of water ownership and resource management reforms.  This was extremely valuable to focus discussions on implementing the NPSFM whilst acknowledging the importance of other kaupapa to tangata whenua.

2.3      Tarawera community events

Key concerns and feedback included:

·      the mauri of the Tarawera needs to be improved,

·      the impact on farmers from potential management options such as retirement or restricted stock on slopes over 25 degrees could be huge e.g. 75% of one farm,

·      direct discharges into the Tarawera Awa from the industrial estate of Kawerau need to be improved,

·      real time monitoring needs to occur,

·      swimming, kayaking, watercress and eeling are highly valued,

·      significant stream bank erosion on the Karaponga,

·      the significance of the Tarawera Falls,

·      concerned about water bottling consents,

·      there has been large improvements to water quality in the Hallett drain over the last 20 years,

·      concern about reporting requirements for industry and regional council,

·      support for fencing of drains and waterways but rules need to be practical e.g. access for drain clearing, impact on existing races (farm tracks),

·      forestry management and staggered harvesting.

2.4      Tangata Whenua Engagement

As noted above, staff are continuing to maintain an open invitation for tangata whenua to make contact to discuss freshwater in whatever way that works best. A number of Kaupapa Māori freshwater projects are continuing (such as the potential to support Ngāti Makino in developing a freshwater management plan). Another example of this is that Council provided support via a staff secondment to Ngāti Awa to further work on Te Mana o Te Wai.

Staff also attended a hui on 13 July 2023 where a number of Te Mana o Te Wai statements were presented to Central and Local Government organisations. This hui allowed staff to gain a deeper understanding of the iwi positions on freshwater management and implementation of Te Mana o Te Wai within their rohe.

2.5      Engagement coming up

The second round of hui a rohe wai Māori will be in September. The time and venues are still to be confirmed. All co-governance iwi members and their organisations will be invited to these.

The hui ā 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 have been and will continue to be followed-up by staff.

The final community engagement session for Tarawera was held on the 26th of July. 

3.       Planning methodology to support Kaupapa Māori into the future

A summary of the draft Issues and Options for the Kaitiakitanga / Tangata Whenua chapter of the regional plan is on the Toi Moana website and is available here.    It is part of the freshwater material engagement is seeking feedback by the end of September.

In May, Toi Moana’s Strategy and Policy Committee (S&P Committee) considered the EFPP update paper (Item 9.4 on the agenda, available here). The report outlines a policy proposal to ensure the freshwater management under the regional plan can accommodate tangata whenua information and data that becomes accessible after the RNRP EFPP changes are notified in December 2024. This has been called the “portals” approach. Under the NPSFM and Te Mana o te Wai there is an implicit assumption that specific cultural values and attributes (such as those that identify mahinga kai) would be generated from within tangata whenua knowledge systems and would be accessible through engagement with iwi/hapū prior to the RNRP notification and would be reflected in the changes. To date the response to this challenge has been mixed. Attachment 1 contains a paper which explores the idea at a broad scale.

The S&P Committee agreed that the plan development process will include a methodology based on incremental change to ensure the regional plan can accommodate tangata whenua information and data that becomes accessible in the future.  Feedback on the “portals” approach is welcome and will be considered as the approach is worked up further.

At S&P Committee’s meeting on 8 August, consideration was given to key freshwater policy shifts for changes to the RPS, and the Tangata Whenua & Integrated Management chapters of the RNRP.  In principle approval of policy direction was confirmed to enable staff to progress drafting plan change text by the end of this year. This builds on the agreed “portals” approach and includes consideration of draft options from the RNRP Kaitiakitanga chapter review. These decisions are only “in principle” as Toi Moana will not set policy direction formally until next year, after tangata whenua and community engagement and after evaluation of options (s32 assessment) is complete.

Draft plan change text will be made available to iwi organisations, TARSG and some other key stakeholders for response in January - March 2024.

4.       Ngā Whakaarohanga
Considerations

4.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

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 and 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

Current Kaupapa Māori freshwater mahi is focussed on delivering hui ā rohe, supporting a range of tangata whenua-led projects, and making connections to organisations and groups.  Policy discussions around how to deliver the NPSFM in relation to tangata whenua interests are also progressing.  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.  Tangata whenua engagement will continue through 2023 and staff are maintaining a good faith approach to implementing the aspirations of the NPSFM.

4.4      Whakawhitiwhiti ā-Hapori
Community Engagement

Refer to Section 2 of this report. Community and tangata whenua engagement 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 by the December 2024 deadline. As noted above there is a challenge to align this work with the Tarawera Awa Restoration Strategy Document work.

4.6      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

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

2.   Toi Moana will:

·      continue with the remaining community and tangata whenua engagement events and keep engagement records.

·      summarise engagement feedback.

·      continue to develop draft policy options, assessments and plan change text.

·         update the Toi Moana website with freshwater information covering matters of relevance to tangata whenua.

 

 

Tuhinga Tautoko
Attachments

Attachment 1 - Framework for a Future Focussed Plan - Portals  

 


Tarawera Awa Restoration Strategy Group                                                 29 August 2023

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Pūrongo Ki:
Report To:

Tarawera Awa Restoration Strategy Group

Rā Hui:
Meeting Date:

29 August 2023

Kaituhi Pūrongo:
Report Writer:

Chris Ingle, General Manager, Integrated Catchments

Kaiwhakamana Pūrongo:
Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Kaupapa:
Purpose:

To provide an update on the replacement of the Smith Road crossing over the Old Rangitāiki Channel with a single lane bridge.

 

 

Smith Road Old Rangitāiki Channel Crossing Upgrade

 

Whakarāpopototanga
Executive Summary

Smith Road – Old Rangitāiki Channel crossing upgrade, is a collaborative project between the Whakatāne District Council and the Bay of Plenty Regional Council which seeks to improve roading network effectiveness while improving instream ecological values and river scheme functions in the Old Rangitāiki Channel.

The concept is that the Bay of Plenty Regional Council and the Whakatāne District Council will each fund an equal share of the bridge construction costs. The proposed new bridge would replace a failed culvert which is preventing proper water flows past the structure.

The Regional Council also has a wider project to re-connect the Old Rangitāiki River Channel back to the Rangitāiki River, where it was originally connected. The re-connection cannot proceed at this time. However, the new bridge installation would be complementary to that project, should it eventuate at a later date.

Reconnecting the Old Rangitāiki Channel has been reported to the Rangitaiki River Forum, who support this concept.

 

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Smith Road Old Rangitāiki Channel Crossing Upgrade.

 

1.       He Whakamārama
Background

Smith Road is located approximately nine kilometres east of the Matatā township off Thornton Road and crosses the Old Rangitāiki River Channel. The Smith Road crossing is currently supported by two culverts, however one of these culverts has collapsed and the other is partially blocked which restricts water flow. Historically the Old Rangitāiki Channel connected the Rangitāiki River to the Tarawera River, however in 1914 a new channel for the Rangitāiki River was cut to discharge straight to sea, at Thornton. The Old Rangitāiki Channel was subsequently dammed and disconnected from the Rangitaiki River. Prior to its disconnection, the Old Rangitāiki Channel was part of the ‘canal network’ used by early Māori as a way of traversing the lower Rangitāiki plains.

In 2022 WSP were engaged by the Whakatāne District Council (in collaboration with the Bay of Plenty Regional Council) to further investigate replacement options[2], with the preferred option being to replace the culverts with a new single lane bridge. Box culverts were also priced but were more costly than the single span bridge option now being pursued.

The ecological condition of the Old Rangitāiki Channel is very poor with excessive macrophyte growth and low dissolved oxygen levels - a major stressor for freshwater fish and invertebrates. The potential ecological value however is considered high and as the Old Rangitāiki Channel is within a tidal mixing zone, it has the potential to be a whitebait spawning zone.

The Old Rangitāiki Channel is also a part of the Tarawera – Rangitāiki drainage scheme, which drains into the Tarawera river at the Old Rangitāiki Channel flood gates near the Tarawera river mouth. After heavy rain, 3 communal pumpstations discharge up to 1.5 cumecs of drainage water into the old Rangitāiki Channel upstream of the Smith Road crossing. Because aquatic weed can no longer pass through the Smith Road culverts, drain water flows are restricted at the crossing during heavy rain events. Emergency pumps must be deployed at these times, which blocks road access.

The ability of the water to flush sediment has also been reduced. This has contributed to a build-up of the streambed which when combined with the large volumes of water entering the channel has been causing overtopping, and flooding of upstream neighbouring properties. Landowners upstream of the crossing are concerned about the associated cost burden from the overtopping and the increased flood risk on as many as six upstream farms.

The Bay of Plenty Regional Council is promoting the new bridge proposal because it will improve the ecological health of the waterway and will improve the efficiency and effectiveness of the Tarawera – Rangitāiki Drainage Scheme.

The Whakatāne District Council is the owner of the culverts at the Smith Road crossing and the road controlling authority for the Whakatāne District. Whakatāne District Council recently approved funding their 50% of the bridge construction.  

This project aligns with other projects in the Old Rangitāiki Channel, including installing culverts at the Old Rangitāiki Channel Pond to improve flow and reconnecting a wetland to the Old Rangitāiki Channel through the installation of a flap gate. Approximately 2,500 native plants will be planted this winter to enhance riparian habitat and provide shade for aquatic life in the Old Rangitāiki Channel.

 

2.       Benefits

As well as improving road access route security and access during heavy rain events, the upgrade project seeks to improve ecological values and river scheme functionality in the Old Rangitāiki Channel.

2.1      Ecological

·      Improved tidal flushing at the bridged crossing will aid removal of fine sediment and organic matter, which in turn will help reduce macrophyte growth and improve dissolved oxygen levels benefiting ecosystem health.

·      Tuna habitat at this location may be improved, and potentially whitebait spawning habitat.

·      Provision of unimpeded native fish passage through the upgraded crossing is beneficial for ecological health.

2.2      Rangitāiki and Tarawera River Scheme

·      Improved resilience at the crossing during rainfall events, reducing the risk of overtopping into neighbouring and upstream properties during minor events.

·      Reduction in maintenance work to keep the culverts free from weed blockages at the crossing.

·      Reduction in time spent by Rivers and Drainage operations staff installing emergency pumping to managing flooding at the crossing during rainfall events.

3.       Ngā Whakaarohanga
Considerations

3.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

·      Impeded upstream landowner and milk tanker access during construction can be mitigated by establishing a temporary crossing next to the new bridge alignment to allow for ongoing access while the new bridge is installed.

·      Leaving the crossing as it currently is leaves upstream landowners apprehensive during weather events and in a continual state of reactivity.

3.2      Huringa Āhuarangi
Climate Change

 

Mitigation

Adaptation

Reduce GHG emissions

Produce GHG emissions

Sequester carbon

Anticipate climate change impacts

Respond to climate change impacts

 

·      As part of the wider Old Rangitāiki Channel projects, 2,500 native plants will be established alongside the Old Rangitāiki Channel by the end of July 2023, with approximately another 500 planned to be planted the following winter. These plants will contribute to carbon sequestration in the region.

·      The bridge will help mitigate some of the flood risk caused by more intense and more frequent rain events, as expected due to climate change.

3.3      Ngā Pānga ki te Māori
Implications for Māori

·      Restoring the ecological values in part of the traditional ‘canal network’.

·      Provision of a critical piece of infrastructure that will be very important if the Rangitāiki and Tarawera Rivers reconnection project is undertaken in the future.

·      The Rangitāiki River – Tarawera River re-connection project aligns with and is supported by the Rangitāiki River Forum.

3.4      Whakawhitiwhiti ā-Hapori
Community Engagement

The Bay of Plenty Regional Council has been engaging with landowners who use the crossing to access their properties, as well as upstream landowners impacted by flooding and overtopping of the drainage network.

4.       Ngā Mahi Whai Ake
Next Steps

·      Whakatāne District Council have approved their 50% funding this month, and in September the Bay of Plenty Regional Council will consider whether to fund their 50%.

·      Procurement for bridge construction will follow if agreement for funding the new structure is reached.

 

Tuhinga Tautoko
Attachments

Attachment 1 - 2023 06 23 Smith Road Old Rangitāiki Crossing Map  

 


Tarawera Awa Restoration Strategy Group                                                                  29 August 2023

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Pūrongo Ki:
Report To:

Tarawera Awa Restoration Strategy Group

Rā Hui:
Meeting Date:

29 August 2023

Kaituhi Pūrongo:
Report Writer:

Kirsty Brown, Rivers and Drainage Assets Manager

Kaiwhakamana Pūrongo:
Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Kaupapa:
Purpose:

To provide an update from the recent Rangitāiki-Tarawera Rivers Scheme Advisory Group meeting held 22 March 2023

 

 

Update from the Rangitaiki-Tarawera Rivers Scheme Advisory Group

 

Whakarāpopototanga
Executive Summary

The Rangitāiki-Tarawera Rivers Scheme Advisory Group is an informal advisory group that enables effective communication and liaison between BOPRC, targeted ratepayers and key stakeholders in the management of BOPRC flood protection and drainage schemes.

This report has been created to establish a communication flow between the Rangitāiki-Tarawera Rivers Scheme Advisory Group and Tarawera Awa Restoration Strategy Group by providing a high-level overview of key topics from the advisory group’s recent meeting held 22 March 2023.

 

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Update from the Rangitaiki-Tarawera Rivers Scheme Advisory Group.

 

1.       He Whakamārama
Background

The primary purpose of our river scheme advisory groups is to provide for scheme ratepayer input into decisions around annual maintenance operations, capital programme delivery and the management of scheme flood protection and drain assets.  These groups enable regular communication between representative scheme ratepayers, District Council elected members and staff, and BOPRC Councillors and staff.

This report has been created to establish a communication flow between the Rangitāiki-Tarawera Rivers Scheme Advisory Group and Tarawera Awa Restoration Strategy Group by providing a high-level overview of key topics from the advisory groups recent meeting held 22 March 2023.

 

 

2.       Meeting Key Topics

2.1      2022-2023 Capital Works Programme Update

Updates provided on the following capital works projects:

·      Rangitāiki Floodway – a multi staged project designed to take pressure off the Rangitāiki River during flood events by diverting some of its flow.

·      Rangitāiki Floodwalls – upgrade of 3 flood walls with sheet piling following geotechnical investigation.

·      Lower Rangitāiki Stopbank Upgrade – involves stopbank raising and geotechnical seepages treatments on the left bank of the Rangitāiki from the Thornton Road Bridge to the residential properties before the boat ramp.

·      Tarawera River stopbank – geotechnical investigations to support a programmed upgrade of the left bank stopbank, downstream of State Highway 2/Matatā Road Bridge.

2.2      2022-2023 Maintenance Works Programme Update

Overview of the scheme maintenance works programme to-date, including:

·      Rock replenishment College Road, Rangitāiki River.

·      Repairing high priority defects identified through recent asset condition assessments including tree removal and stopbank restoration.

·      Ongoing control of rabbits and pest plants including Alligator weed.

·      Tarawera River, Kawerau Golf Course flood damage repairs.

·      Working with Rangitāiki Hapū Coalition with native planting restoration through Te Teko.

·      Installation of fish friendly floodgates on the Awaiti Stream into Omeheu Canal and the Orini wetland into Reid’s Central Canal.

2.3      Gravel Management Update

Gravel management currently occurs in the Rangitāiki River upstream of Matahina Dam. No extraction is carried out in the reaches below Matahina Dam or in the Tarawera River.

2.4      Upcoming review of Council’s Long Term Plan, Rivers and Drainage Asset Management Plan and Infrastructure Strategy

Highlighted the up-and-coming reviews of the above key strategic documents.  Central theme for the review will be supporting communities to be more sustainable and resilient now and into the future, including enabling river catchments to behave more naturally. 

2.5      General Business

The General Business report included the following items:

·      Insurance impacts following the Auckland floods and Cyclone Gabrielle.

·      Open letter – Condition of Forests in the Eastern Bay River Scheme catchments.

3.       Ngā Whakaarohanga
Considerations

3.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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.

3.3      Ngā Pānga ki te Māori
Implications for Māori

Iwi and hapū are significant landowners within the rivers and drainage schemes. Our flood protection and drainage infrastructure contributes towards protecting waahi tapu sites, marae and local housing from floodwaters, and maintains productive land from high ground water.

Building strong, effective and meaningful partnerships with Māori helps ensure our infrastructure assets meet community needs.  Improving the communication link between the Advisory Group and the River Forum will enable the opportunity to adopt more of a Te Ao Māori lens and Mātauranga Māori approach in river scheme decisions and practices.

 

3.4      Whakawhitiwhiti ā-Hapori
Community Engagement

 

Adobe Systems

INVOLVE

Whakaura

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

 

4.       Ngā Mahi Whai Ake
Next Steps

Updates from the bi-annual Rangitaiki-Tarawera Rivers Scheme Advisory Group meetings will be provided at future meetings.

 

 

 

 



[1] s134 Ngāti Rangitihi Claims Settlement Act 2022

[2] WSP (2022). Smith Road Culvert Replacement Options Report. WSP New Zealand Ltd report prepared for Whakatane District Council.