Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority

Membership

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

Purpose

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

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

Role

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

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

· To support integrated and collaborative management of the river.

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

§ to monitor the state of the river environment

§ to monitor the effectiveness of the management of the river

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

· To provide advice and recommendations to local authorities:

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

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

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

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

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

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

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

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

Decision Making

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

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

Power to Act

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

Power to Recommend

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

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

Te Maru o Kaituna River Authority Minutes

19 May 2023

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 19 May 2023, 9.30 am

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

Heamana

Chairperson: Dean Flavell (Tapuika Iwi Authority Trust)

Heamana Tuarua

Deputy Chairperson: Cr Matemoana McDonald (Bay of Plenty Regional Council Toi Moana) - elected at the meeting

Ngā Kopounga

Members: Bay of Plenty Regional Council Toi Moana

Cr Te Taru White (Alternate) (via Zoom)

Tapuika Iwi Authority

Geoff Rice (Alternate) (via Zoom)

Te Pumautanga o Te Arawa Trust

Piki Thomas (via Zoom)

Rawiri Kingi (Alternate)

Te Tahuhu o Tawakeheimoa Trust

Nicki Douglas (via Zoom)

Rotorua Lakes Council

Nick Chater (Lakes Community Board)

Western Bay of Plenty District Council

Cr Andy Wichers

Cr Grant Dally (Alternate)

Tauranga City Council

Commissioner Bill Wasley (Alternate)

Informal Members: Te Komiti Nui o Ngāti Whakaue

Maru Tapsell

Te Hunga i Tae Ake

In Attendance: Co-governance Secretariat: Jane Waldon

Bay of Plenty Regional Council Toi Moana: Chris Ingle – General Manager Integrated Catchments; Pim de Monchy – Coastal Catchments Manager; Jo Watts – Senior Planner (Water Policy); Margaret Courtney – Senior Advisor Te Amorangi; Nassah Rolleston-Steed – Principal Advisor, Policy and Planning; Jackson Efford – Principal Advisor, Land and Water; Anna Dawson - Land Management Officer; Kate Barnes – Communications Partner (via Zoom); Steve Groom – Governance Manager; Jenny Teeuwen – Committee Advisor

Western Bay of Plenty District Council: Deputy Mayor John Scrimgeour (via Zoom); Katy McGinity (via Zoom)

External: Peter Ellery; Mark Hatchman and Glenda Defaur – Quayside Holdings Ltd; Shadrach Rolleston, Rohario Murray (via Zoom), Isabella Wilson (via Zoom), David Haines (via Zoom), Harmony Karikari (via Zoom) – Ministry for the Environment; Rewi Henderson (via Zoom) – Te Arawhiti; Roana Bennett (via Zoom) – Ngāti Whakaue

Ngā Hōnea

Apologies: Cr Lani Kereopa (Rotorua Lakes Council); Cr Jane Nees (Bay of Plenty Regional Council Toi Moana); Erin Thompson (Te Tahuhu o Tawakeheimoa Trust); Karena Bird (Te Komiti Nui o Ngāti Whakaue), and Commissioner Shadrach Rolleston (Tauranga City Council) for absence; Cr Matemoana McDonald (Bay of Plenty Regional Council Toi Moana) for late arrival; Commissioner Bill Wasley (Tauranga City Council) for absence from 10.20am to 12.00pm; Nick Chater (Lakes Community Board) for early departure.

1. Chair’s Opening Statement

The Chair formally opened the hui and advised that the hui was being recorded and that the recording would be uploaded to the Bay of Plenty Regional Council website and could be accessed via this link:

Te Maru o Kaituna - Zoom Video Recording 19 May 2023 - YouTube

2. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by the Chair, Dean Flavell.

3. Ngā Hōnea
Apologies

Resolved

That Te Maru o Kaituna River Authority:

1 Accepts the apologies from Cr Lani Kereopa, Cr Jane Nees, Commissioner Shadrach Rolleston, Erin Thompson and Karena Bird for absence; Cr Matemoana McDonald for late arrival; Nick Chater for early departure; and Commissioner Bill Wasley for absence from 10.20am to 12.00pm, tendered at the meeting.

Wasley/Chater

CARRIED

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

Cr Grant Dally declared an interest in Item 8.3, Presentation - Update on Lawrence Oliver Park wetland and Waiari bathing site.

5. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Te Maru o Kaituna River Authority Minutes – 19 August 2022

Resolved

That Te Maru o Kaituna River Authority:

1 Confirms the Te Maru o Kaituna River Authority Minutes – 19 August 2022 as a true and correct record.

Flavell/Wasley

CARRIED

6. Raupapa o Ngā Take
Order of Business

The Chair advised that due to the late arrival of the presenter for Item 8.1 - Presentation - Constructed habitat for our Ikawai/Translocation of Giant Kokopu, Items 9.1 – Change of membership – Te Maru o Kaituna River Authority, and 9.2 - Appointment of Te Maru o Kaituna River Authority Deputy Chairperson, would be taken next.

9.39am – Cr McDonald entered the meeting

7. Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

7.1

Change of Membership - Te Maru o Kaituna River Authority

Presented by: Dean Flavell - Chair

Pim De Monchy - Coastal Catchments Manager

Resolved

That Te Maru o Kaituna River Authority:

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

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

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

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

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

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

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

McDonald/Dally

CARRIED

7.2	Appointment of Te Maru o Kaituna River Authority Deputy Chairperson Presented by: Dean Flavell - Chair Pim De Monchy - Coastal Catchments Manager
	Resolved That Te Maru o Kaituna River Authority: 1 Receives the report, Appointment of Te Maru o Kaituna River Authority Deputy Chairperson. Thomas/Wasley CARRIED The Chair advised that Te Maru o Kaituna River Authority was required to decide on the voting system before the Deputy Chairperson election process could commence.
	That Te Maru o Kaituna River Authority: 2 Resolves to use System B in electing a Deputy Chairperson. Flavell/Douglas CARRIED The Chair then called for nominations for the position of Deputy Chairperson. That Te Maru o Kaituna River Authority: 3 Receives the nomination of Cr Matemoana McDonald as the Deputy Chairperson of the Bay of Plenty Regional Council Toi Moana. White/Thomas CARRIED There were no further nominations.
	That Te Maru o Kaituna River Authority: 4 Appoints Cr Matemoana McDonald as Deputy Chairperson of Te Maru o Kaituna River Authority for a period of three years pursuant to Schedule 5, section (1) of the Tapuika Claims Settlement Act (2014). Chater/Tapsell CARRIED

8. Whakaaturanga
Presentations

8.1

Presentation - Constructed habitat for our Ikawai/Translocation of Giant Kokopu

Presented by: Peter Ellery

Presentation: Constructed habitat for our Ikawai/Translocation of Giant Kokopu: Objective ID A4374812

10.20am – Commissioner Bill Wasley left the meeting.

Key Points

· Provided background to the Ikawai project including how the borrow pits (new ponds) were formed at Kaituna River and when it was first identified that inanga were using the ponds as a spawning area.

· Trapping numbers indicated that inanga preferred the off-river habitat to the main stem.

· Awareness of how important the ponds were to regenerating fish habitat was growing.

· Work was now underway on new ponds where the Pongakawa and Pukehina canals met, just above the Waihī estuary.

· Provided overview of giant kokopu which were considered to be chronically threatened and in decline. While the Bay of Plenty was described as having a major population of giant kokopu, there were actually very few of them.

· The tidal wetland ponds that had been constructed to enhance inanga habitat were potentially an ideal habitat for giant kokopu. It was proposed that of mix of kokopu whitebait and well-developed juveniles be sourced and translocated to this habitat to seed the base kokopu population.

In Response to Questions

· The giant kokopu would come from a captive facility in Warkworth, but the origin of the fish in the facility had not been identified.

Key Points Members

· New environments needed to be created in response to the movement of the fish, not just rely on statistics.

· It was important to know where the translocated fish were coming from. Fish being translocated from a manufactured source (fish farm) would need to be carefully considered.

· This was an exciting proposal which would push the boundaries of old policy and could create space for innovation and new policy.

8.2

Presentation - Rangiuru Business Park Update

Presented by: Mark Hatchman and Rawiri Waru - Quayside Holdings Ltd

Presentation: Rangiuru Business Park: Objective ID A4378152

Key Points

· Provided an overview of the Rangiuru Business Park and the Business Park’s wider environmental factors which were focussed on economic, social, environmental, and cultural wellbeing.

In Response to Questions

· A large pond had been developed at the Business Park to keep the discharge out to the Kaituna River as low as possible.

Key Points Members

· More consideration needed to be given to the social capital aspect of the Business Park.

· Acknowledged Quayside’s thinking around wastewater, stormwater and the supply of water to the Park’s development, in both the pre-development and post-development stages.

11.02am – the meeting adjourned.

11.20am – the meeting reconvened.

9. Whakahoutanga Kōrero
Verbal Updates

9.1	Chairperson's Report - Verbal Update
	The Chair advised that there was no Chairperson’s update.

9.2

Te Maru o Kaituna River Authority Secretariat - Verbal Update

Presented by: Jane Waldon – Co-governance Secretariat

Key Points

· Provided an update on activities since February 2023.

· The symposium scheduled to be held in April 2023 had been postponed. It was now planned for 2025.

· The Rangitāiki River Forum would be appointing a new Chairperson at their meeting on 2 June 2023.

· A new co-governance committee had been formed as a result of the Ngāti Rangitihi Treaty settlement – Tarawera Awa Restoration Strategy Group.

· Currently seeking legal advice regarding forming a charitable trust to manage external funding received by Te Maru o Kaituna River Authority for environmental projects on the Kaituna River. This would come back to Te Maru o Kaituna River Authority for approval.

Key Points Members

· Te Arawa Lakes Trust would be hosting the 2024 Te Wai Māori Conference in Rotorua and it was suggested that Te Maru o Kaituna River Authority may wish to approach Te Arawa Lakes Trust regarding having a spot on the conference agenda.

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the attachment Te Maru o Kaituna Secretariat February 2023 Update Report.

Flavell/McDonald

CARRIED

7. Ngā Pūrongo
Reports (Continued)

Ngā Whakatau e Hiahiatia Ana
Decisions Required

7.3

December 2022 - April 2023 Te Maru o Kaituna Quarterly Report

Presented by: Chris Ingle – General Manager Integrated Catchments

Pim De Monchy - Coastal Catchments Manager

Key Points

· Introduced Anna Dawson – Land Management Officer. Anna worked with landowners within the Kaituna catchment.

· Update provided for project 1B – Upgraded pump station at Ford Road, noting the change in the consenting strategy for the pump station upgrade.

· Update provided for project 14 – Upper Catchment ‘Gateway’. Significant funding had been received from Rotorua Trust to continue the work in to the Ōkere Falls area.

In Response to Questions

· Cultural impact assessments associated with the Ford Road pump station upgrade had been commissioned but not all reports had been received.

· The discharge from the proposed new pump station would be a similar volume to the existing, but have a reduced impact on cultural and ecological values compared with the current situation as around 80% of the pumped discharge would avoid the estuary and flow out to sea at Te Tumu Cut instead.

· The uptake of best practice drain management was voluntary; however, the demand from landowners was high with around two kilometres planned for this financial year.

· There were a number of funders involved with the different projects within Te Tini a Tuna Kaituna Action Plan including individual councils and iwi members, as well as co-funding from central government e.g. Ministry for the Environment (MfE) and the Ministry for Primary Industries (MPI).

· The Compliance Rating Count in Project 3 – Consented Takes and Discharges, referred to the total number of compliance monitoring actions, not the number of consents. An explanation was provided for the three levels of compliance rating risks – low risk, moderate non-compliance, and significant non-compliance.

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the report, December 2022 - April 2023 Te Maru o Kaituna Quarterly Report.

2 Notes the change in consenting strategy for the Ford Road pump station upgrade project as detailed in Project 1B.

3 Agrees to reduce the frequency of full status reporting to the February and August hui and to receive presentations on selected projects as requested by TMoK at the May and November hui.

4 Supports the translocation of giant kokopu into the Kaituna River catchment as proposed by Peter Ellery in his presentation to the Authority at today’s meeting, to bolster the small existing population, and requests that the Regional Council works with Peter on the planning and implementation of such a project.

Douglas/McDonald

CARRIED

Hei Pānui Anake
Information Only

7.4

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

Presented by: Nassah Rolleston-Steed – Principal Advisor, Policy and Planning

Key Points

· The recommendations of the Independent Freshwater Hearing Panel for Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement had been presented to Regional Council and adopted at their meeting on 4 May 2023. The decisions had now been notified.

· The ability of submitters to make appeals was limited. Submitters could only appeal to the High Court on a point of law. If no High Court appeals were received, staff would prepare a report to Regional Council seeking to make Proposed Change 5 operative.

· Te Maru o Kaituna River Authority would be able to utilise the provisions within the plan change to support their actions or projects within the Kaituna catchment.

· Acknowledged the first anniversary of the passing of Moana Boyd, Regional Council staff member. Moana had been a key part of the earlier stages of the Plan Change 5 process and her work and effort was acknowledged.

Key Points Members

· Appreciation was expressed to the Chair for making and presenting the Te Maru o Kaituna River Authority submission to the Independent Freshwater Hearing Panel on behalf of the members.

· The Chair acknowledged the members of Te Maru o Kaituna River Authority, especially iwi members, who continued to sacrifice part of their normal daily lives to ensure the protection of the Kaituna River.

· All staff who had worked with Te Maru o Kaituna River Authority to achieve the plan change were also acknowledged.

12.06pm – Commissioner Bill Wasley re-entered the meeting.

Resolved

That Te Maru o Kaituna River Authority:

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

Chater/Douglas

CARRIED

7.5

Essential Freshwater Policy update - engagement in Kaituna

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

Margaret Courtney - Senior Advisor Te Amorangi

Key Points

· Freshwater community engagement sessions were well underway.

· Provided update on drop-in sessions that had already been held and the dates for upcoming drop-in sessions and hui ā rohe.

· An electronic version of The Kaituna Freshwater Management Unit (FMU) Story booklet had been circulated to members.

12.26pm – Nick Chater left the meeting.

Key Points Members

· It was suggested that Te Maru o Kaituna iwi members met with appropriate Regional Council staff with a view to providing strategic guidance around the application of mātauranga Māori into the freshwater process, and guidance around how to start the conversation with iwi/hapū at that point. The Secretariat role undertook to organise the hui and would liaise with the appropriate Regional Council staff.

Resolved

That Te Maru o Kaituna River Authority:

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

Wasley/Wichers

CARRIED

8. Whakaaturanga
Presentations (Continued)

8.3

Presentation - Update on Lawrence Oliver Park wetland and Waiari bathing site

Presented by: Jackson Efford – Principal Advisor, Land and Water and Cr Grant Dally

Presentation: Lawrence Oliver Park wetland and Waiari bathing site: Objective ID A4377975

Key Points

· Provided an update for the Lawrence Oliver Park wetland project.

· Provided overview of the proposed project to enhance the Waiari swimming area currently known as Waiari Landing.

· Seeking Te Maru o Kaituna River Authority endorsement for the Waiari swimming area project.

In Response to Questions

· Overall support was expressed for both the Lawrence Oliver Park wetland proposal, and the Waiari swimming area enhancement project.

8.4

Presentation - Crown commitments to upholding Treaty settlement arrangements in the new Resource Management system

Presented by: Shadrach Rolleston, Rohario Murray (via Zoom), Isabella Wilson (via Zoom), David Haines (via Zoom), Harmony Karikari (via Zoom) – Ministry for the Environment

Rewi Henderson (via Zoom) – Te Arawhiti

Presentation: RM Reform and Te Maru o Kaituna: Objective ID A4377769

Key Points

· Set context of the resource management reforms and provided overview of the new legislation.

· Outlined the process to transition Te Maru o Kaituna to the new resource management system including what was required in terms of amending the Tapuika Claims Settlement Act 2014.

· Changes could not be imposed on Post Settlement Governance Entities (PGSEs) and would be by mutual agreement.

· The Crown had 18 months from enactment to work through the process with PSGEs – expected to be completed by mid 2024.

In Response to Questions

· The Crown was obligated to assist PSGEs through this process and they were mindful of the PSGE commitment and resource that would be required. Any requests from PSGEs for extra resource would be taken back to the Ministry for the Environment (MfE) for consideration.

· The direct relationship between the Regional Planning Committee (RPC) and Regional Council would remain, however, it was intended that the RPC would enter into a relationship agreement with Te Maru o Kaituna River Authority.

· It was intended that established action plans would be maintained through the relationship agreement between Te Maru o Kaituna River Authority and the RPC, but how that was framed was still to be determined. The challenge would be how to move forward without the loss of momentum and progress that Te Maru o Kaituna had already made.

· Arrangements for Te Maru o Kaituna River Authority would be the same as for the Rangitāiki River Forum and Tauranga Moana Advisory Group. The intent was to uphold the current status in the new system.

Key Points Members

· Needed to ensure there were no disadvantages or changes to the fundamentals of the existing Settlement Agreement through the amendment and replacement of the Resource Management Act.

· Care was needed to ensure the essence of the Settlement Agreement and what had already been built and developed by Te Maru o Kaituna River Authority would not be lost, noting that the Authority and partners had (with the development and implementation of Te Tini a Tuna and the projects within it) made significant progress since the 2014 settlement legislation.

10. Karakia Kati
Closing Karakia

A closing karakia was provided by Piki Thomas.

1.30 pm – the meeting closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	4 August 2023
Kaituhi Pūrongo: Report Writer:	Pim De Monchy, Coastal Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To report the Authority’s 2022/2023 financial position and propose the Authority’s 2023/2024 budget.

Te Maru o Kaituna River Authority Annual Report and Budget

Whakarāpopototanga
Executive Summary

This report summarises the financial position of Te Maru o Kaituna River Authority (the Authority), provides a draft Annual Report for the 2022/23 year, and presents a draft 2023/24 Annual Budget for consideration.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

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

2 Adopts the attached 2022/23 Annual Report;

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

4 Amends and adopts the Annual Budget for 2023/24 to achieve its priorities, acknowledging the role of the Secretariat and contributions from partner agencies.

1. He Whakamārama
Background

As part of the Cultural Redress under the Tapuika Deed of Settlement, Te Maru o Kaituna River Authority was provided with funding of $250,000 as a contribution to its operations and to prepare the River Document.

The purpose of the funds is set out in the Tapuika Claims Settlement Act as follows:

Administrative and technical support of Kaituna River Authority

5.54 On the effective date, the Crown will provide $250,000 to the Kaituna River Authority as a contribution to the costs of:

5.54.1 the initial operation of the Kaituna River Authority; and

5.54.2 the preparation and approval of the first Kaituna River Document.

The Bay of Plenty Regional Council Toi Moana (Regional Council) is responsible for the administrative support of the Authority and must hold account separately and spend the funds as directed by the Authority.

BOPRC must complete an annual report each year ending 30 June for the preceding 12 months, describing the Authority’s activities and explaining the relevance of the activities to the Authority’s purpose and functions, this is said report.

2. 2022/23 Annual Report

2.1 Financial Report – 1 July 2022 – 30 June 2023

Te Maru o Kaituna River Authority Funds
Opening Bank Balance – as at 1 July 2022		$194,717.82
Plus receipts
Interest Credit		$9,895.00
Less expenditure
Operating expenses	-$13,294.80
Closing Bank Balance – as at 30 June 2023		$191,318.02

For the period 1 July 2022 until 30 June 2023, the Authority earned $9,895.00 in interest, and spent $13,294.80 on project expenses.

2.2 Activity Report

The Annual Report on the Authority’s activities in 2022/23 is attached (see Attachment 1).

3. 2023/24 Annual Budget

Noting the funds available, the Authority may wish to identify actions during 2022/23 that require funding, and then approve a budget for the year to achieve them. For example, the items listed in Table 1 below. However, there is the potential for overlap with the role of the ‘Co-governance Secretariat’ funded by Bay of Plenty Regional Council through its Long Term Plan, whose scope has not been finalised (but includes providing independent support to the work of Rangitāiki River Forum, Tarawera Restoration Group and Te Maru o Kaituna River Authority).

Table 1: Potential budget items for consideration by TMoK

Item	Potential cost	Secretariat role?
Implementation of Project 3: Consented takes and discharges	$4,000	?
Implementation of Project 9: Pataka Kai (noting co-funding available)	$4,000	?
Implementation of Project 10: Community Connection	$4,000	?
Implementation of Project 13: Kaituna Cultural and Historic Heritage	$4,000	?
Contribution towards other projects in Te Tini a Tuna, such as the restoration fund?	$10,000	?
Lawrence Oliver wetland project?	$5,000	?
Waiari swimming site access improvement?	$5,000	?
Giant kokopu translocation?	$500	?
Total	$36,500

Note that costs borne by member organisations in their work to support the Authority are not included in this budget as they are expected to lie where they fall, including costs associated with the Authority’s Secretariat.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

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

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

There are positive significant implications for Māori associated with this matter, as it gives effect to a co-governance entity’s action plan arising out of a treaty settlement.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required as the recommended decisions relate to administrative 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

The next annual report and budget will be completed following the June 2024 year-end and presented to the Authority.

Tuhinga Tautoko
Attachments

Attachment 1 - 2022 - 2023 Te Maru o Kaituna River Authority Draft Annual Activity Report ⇩



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	4 August 2023
Kaituhi Pūrongo: Report Writer:	Jo Watts, Senior Planner (Water Policy) and Margaret Courtney, Senior Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Antoine Coffin, Manager, Spatial Planning
Kaupapa: Purpose:	To provide Te Maru o Kaituna River Authority an update on freshwater policy work underway in the Kaituna 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.

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, TMoK and key stakeholders early next year.

Toi Moana staff encourage Te Maru o Kaituna (TMoK) members and their organisations to promote participation at relevant engagement events and provide any feedback to inform the policy programme as they see fit.

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, and in this case particularly for the Kaituna.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

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 Kaituna co-governance area.

2. Kaituna engagement update

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 TMoK to Toi Moana, alternatively either at the engagement events, online through the Participate webpage, or by filling out the hard copy feedback booklets. TMoK 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), the following community and tangata whenua engagement events have been held:

Kaituna Freshwater Management Unit (FMU) community drop-in sessions

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

· Thursday 29 June, 2-7pm Whakaue Marae, Maketū

Hui ā rohe wai Māori

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

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

Kaituna FMU drop-in session 29 June 2023 Whakaue Marae, Maketu

Hui ā rohe and Kaituna specific feedback so far

The May hui ā rohe for Ōkūrei saw 25 participants out of 34 who had pre-registered attend. For the Mauao hui ā rohe there were 26 attendees out of 38 who had pre-registered attend. 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 Pia Bennett presented the Tauranga Moana approach at the Mauao 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.

Kaituna drop-in feedback

Fifteen people dropped in to the Te Puke Hall session on 6 May, and 20 at Whakaue Marae on 29 June. Over the two events, staff had in depth conversations with a good cross section of the community. Key concerns included discharge from pumped drainage schemes; location of the wastewater treatment plant in relation to the river; the hope that Council’s monitoring of Maketu estuary is good enough to indicate issues; and the need to reduce sediment levels to especially improve habitat for mahinga kai species and in turn, encourage the return of parore, mullet and bull kelp (used to make calabash containers). A couple of attendees suggested closing the diversion gates to avoid spikes of contaminants entering the Maketu Estuary during heavy rain /flood events.

2.1 Engagement coming up

The last of the Kaituna FMU events for the April – September period are:

· Online session - Friday 4 August, 12 – 1.30pm

· Drop-in session - Friday 15 September (time and venue to be confirmed)

· Second round of hui a rohe wai Māori - September (time and venue to be confirmed)

Planning is underway for the second round of hui a rohe to be held in September. 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.

A key point noted at the last TMoK hui was a suggestion TMoK iwi members meet with appropriate Toi Moana staff with a view to providing strategic guidance around the application of mātauranga Māori into the freshwater process, and guidance around how to start the conversation with iwi/hapū at that point. The Secretariat undertook to organise the hui and would liaise with the appropriate staff. Toi Moana staff remain open to supporting this initiative.

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 (page 62 onwards)). 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 next meeting on 8 August, consideration will be 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 will be sought 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 will only be “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, TMoK 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

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

4.2 Huringa Āhuarangi
Climate Change

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

4.3 Ngā Pānga ki te Māori
Implications for Māori

Freshwater, and in this case particularly the Kaituna and its tributaries are taonga for tangata whenua. Current Kaupapa Māori work 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. 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.

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

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

· Hui ā rohe in each of the Māori constituencies - Ōkurei, Mauao and Kohi.

· The engagement plan includes ensuring that at least one of the community engagement events in each FMU are at a venue familiar to tangata whenua, such as a kura, marae, trust board office. The Kaituna drop-in session on 29 June was held at Whakaue Marae, Maketu.

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

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

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

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

Toi Moana is obliged to implement the NPSFM. This work will also assist with delivering TMoK’s vision, objectives, and desired outcomes in Kaituna, he taonga tuku iho – a treasure handed down – the Kaituna River Document enabled by the Tapuika Claims Settlement Act 2014. RPS Change 5 (Kaituna River) was made operative on 1 August 2023 and must be considered as part of the policy drafting in the freshwater changes proposed to the regional plan to the Kaituna.

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

4.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no financial implications for TMoK associated with this report. This engagement fits within the Toi Moana EFPP allocated budget. TMoK will be considering their budget for the 2023-2024 year as part of this agenda and may wish to include some money for involvement in the freshwater policy work.

5. Ngā Mahi Whai Ake
Next Steps

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

2. Toi Moana will:

· continue public communication and public engagement events. TMoK members and their organisations are encouraged to promote participation at relevant events;

· hold the second round of hui a rohe wai Māori in September;

· summarise engagement feedback;

· continue to develop draft policy options, assessments and plan change text, including the portals approach to responding to Kaupapa Māori information that may become available after the proposed RNRP plan change is notified, and giving effect to RPS Change 5 when drafting the Kaituna parts of the RNRP changes; and

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

Tuhinga Tautoko
Attachments

Attachment 1 - Kaupapa Māori Workstream – Framework for a Future Focussed Plan



Report To:	Te Maru o Kaituna River Authority
Meeting Date:	4 August 2023
Report Writer:	Fiona Wood, Programme Coordinator Integrated Catchments
Report Authoriser:	Pim De Monchy, Coastal Catchments Manager
Purpose:	To update Te Maru o Kaituna River Authority on the progress of the projects within the TMoK Te Tini a Tuna – Kaituna Action Plan 2019-2029.