Rangitāiki River Forum Rārangi Take (Agenda) NOTICE IS GIVEN that the next meeting of the Rangitāiki River Forum will be held in the Tōtara Room, Whakatāne District Council, Ground floor, Commerce Street, Whakatāne on: Friday 1 September 2023 COMMENCING AT 10:30 AM
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Fiona McTavish Chief Executive, Rangitaiki River Forum 24 August 2023 |
Membership
Chairperson |
Terewai Kalman (Te Rūnanga o Ngāti Manawa) |
Deputy Chairperson |
Te Taute Taiepa (Te Rūnanga o Ngāti Whare) |
Tangata Whenua Members |
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One appointed representative each: |
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Te Rūnanga o Ngāti Manawa |
Karito Paul (Alternate) |
Te Rūnanga o Ngāti Whare |
Jane Nicholas (Alternate) |
Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust |
Katishe McCauley |
Te Rūnanga o Ngāti Awa |
Miro Araroa Mihipeka Sisley (Alternate) |
Hineuru Iwi Trust |
Ngawai Crawford Tracy Bush (Alternate) |
Tūhoe Te Uru Taumatua |
Ngapera Rangiaho |
Te Kotahitanga o Ngāti Tūwharetoa |
Whakaeke Ritete Ngatoru Wall (Alternate) |
Council Members |
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One appointed member each: |
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Whakatāne District Council |
Cr Tuwhakairiora O’Brien Cr Wilson James (Alternate) |
Taupō District Council |
Cr John Williamson Cr Yvonne Westerman (Alternate) |
Up to five appointed members: |
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Bay of Plenty Regional Council |
Cr Malcolm Campbell Cr Toi Kai Rākau Iti Cr Kat Macmillan Cr Ken Shirley Cr Kevin Winters |
Quorum |
Three iwi members and three Council members and must include a Ngāti Whare member and a Ngāti Manawa member. |
Meeting frequency |
Quarterly |
Other iwi and local authorities through consensus of the Forum, may join the Forum.
Vision
Te Mana o Te Wai – The First Right to Water is to the Water.
Mission
Te Reo o Te Wai - Te Mana – The voice of the Water, restoring Te Mana o Te Wai.
Purpose
To protect and enhance the environmental, cultural, and spiritual health, wellbeing and sustainable use of the Rangitāiki River and its resources, for the benefit of present and future generations.
Scope
The Rangitāiki River Forum’s scope covers the geographical area of the Rangitāiki River Catchment including the Rangitāiki River, Whirinaki River, Wheao River and Horomanga River as referenced in the following Settlement Acts: Ngāti Whare Claims Settlement Act 2012; Ngāti Manawa Claims Settlement Act 2012; Tūhoe Claims Settlement Act 2014; Hineuru Claims Settlement Act 2016; Ngāti Tūwharetoa Claims Settlement Act 2018.
This is a permanent joint committee under the Local Government Act 2002 (LGA), and co-governance partnership between local authorities and iwi that share an interest in the Rangitāiki River, and must not be discharged unless all of the appointing organisations agree to the discharge.
Role
· Prepare and approve the Rangitāiki River Document for eventual recognition by the Regional Policy Statement, Regional Plans and District Plans.
· Promote the integrated and coordinated management of the Rangitāiki River.
· Engage with and provide advice to:
§ Local Authorities on statutory and non-statutory processes that affect the Rangitāiki River, including under the Resource Management Act 1991.
§ Crown agencies that exercise functions in relation to the Rangitāiki River.
· Monitor the extent to which the purpose of the Rangitāiki River Forum is being achieved including the implementation and effectiveness of the Rangitāiki River Document.
· Gather information, disseminate information and hold meetings
· Take any other action that is related to achieving the purpose of the Forum.
Decision Making
The Forum must make its decisions by a vote at a meeting and must seek to achieve consensus, be consistent with and reflect the purpose of the Forum and acknowledge the interests of iwi in particular parts of the Rangitāiki and its catchments.
Power to Act
The Forum has the discretion to determine in any particular circumstance whether to exercise any function identified and to what extent any function identified is exercised.
Power to Recommend
To the partner organisations on any matters within the Forum’s delegated role as it deems appropriate.
Rangitāiki River Forum members report directly to their respective organisations.
Rangitāiki River Forum 1 September 2023
Recommendations in reports are not to be construed as policy until adopted.
1. Karakia
Whakatuwhera
Opening Prayer
2. Ngā
Hōnea
Apologies
3. Wāhanga
Tūmatanui
Public Forum
4. Ngā Take
Tōmuri
Items not on the Agenda
5. Raupapa o Ngā
Take
Order of Business
6. Whakapuakanga o
Ngā Take Whai Taha-Rua
Declaration of Conflicts of Interest
7. Ngā
Meneti
Minutes
Kia
Whakaūngia Ngā Meneti
Minutes to be Confirmed
7.1 Rangitāiki River Forum Minutes - 2 June 2023 4
8. Whakaaturanga
Presentations
8.1 Fonterra Edgecumbe Site Update on Proposed Improvements to Discharges to the Rangitāiki River and Development of a Wastewater Treatment Plant
Presented by: Alan
Muggeridge, Site Operations Manager, Fonterra Edegecumbe
Supported by Quentin Brears, Māori Business Manager and
Mark Chrisp, Partner, Mitchell Daysh
8.2 Department of Conservation - Follow-up on Whitebait Regulations
Presented by: Merenia Sawrey, Senior Advisor Treaty Partnerships, Department of Conservation
Following the presentation to the Rangitāiki River Forum meeting on 2 June 2023, Department of Conservation representatives will share a brief update on proposed plans around research and tikanga in relation to Section 4 of the Conservation Act 1987.
9. Whakahoutanga
Kōrero
Verbal Updates
9.1 Verbal Updates from Forum Members
This standing item is an opportunity for Forum members to provide an update on any matters of interest.
10. Ngā
Pūrongo
Reports
Ngā Whakatau e Hiahiatia
Ana
Decisions Required
10.1 Change of Membership 4
Hei Pānui Anake
Information Only
10.2 Resource Consents Update 4
10.3 Essential Freshwater Policy Programme Update 4
Attachment 1 - Framework for a Future Focussed Plan (Kaupapa Māori Workstream) 4
10.4 Rangitaiki Catchment Programme: Annual Work Plan 2023-2024 4
10.5 Rangitaiki Catchment Programme: Annual Report 2022-2023 4
11. Ngā Take Tōmuri Hei Whakaaroaro
Consideration of Items not on the Agenda
12. Karakia
Kati
Closing Prayer
Rangitāiki River Forum Minutes |
2 June 2023 |
Ngā Meneti
Open Minutes
Commencing: Friday 2 June 2023, 10:32 AM
Venue: Mataatua Room, Bay of Plenty Regional Council Building,
5 Quay Street, Whakatane
Heamana Tuarua
Deputy Chairperson: Terewai Kalman – Te Rūnanga o Ngāti Manawa
Ngā Kopounga
Members: Bay of Plenty Regional Council Toi Moana (BOPRC):
Cr Malcolm Campbell, Cr Kat Macmillan, Cr Kevin Winters
Te Rūnanga o Ngāti Awa:
Miro Araroa
Hineuru Iwi Trust:
Ngawai Crawford, Tracy Bush (Alternate)
Te Rūnanga o Ngāti Whare:
Te Taute Taiepa, Jane Nicholas (Alternate)
Te Rūnanga o Ngāti Manawa:
Karito Paul (Alternate)
Tūhoe Te Uru Taumatua:
Ngapera Rangiaho
Te Kotahitanga o Ngāti Tūwharetoa:
Whakaeke Ritete
Ngāti Tūwharetoa (BOP) Settlement Trust:
Shaneen Simpson-Almond
Taupō District Council:
Cr John Williamson
Te Hunga i Tae Ake
In Attendance: BOPRC: Chris Ingle – General Manager Integrated Catchments, Charles Harley – Team Leader Eastern Catchments, Michelle Lee – Planner (Water Policy), Ella Tennent – Consents Manager, Davor Bejakovich – Wallaby Programme Lead, Shari Kameta – Committee Advisor, Steve Groom - Governance Manager (Via Zoom), Kataraina O’Brien - General Manager Strategic Engagement (Via Zoom);
Te Rūnanga o Ngāti Whare: Chairman Bronco Carson
Whakatāne District Council: Michelle Hingston - Pou Herenga Rangapu/Toi Kotuia Manager
Taupō District Council: Hilary Samuel – Senior Policy Advisor (Via Zoom)
Independent: Jane Waldon – Co-Governance Secretariat
External: Michelle Archer – Place Group Limited, Hayden Loper, Principal Compliance Officer - Department of Conservation, Pohoira Hughes-Iopata, Treaty Ranger - Department of Conservation, Toko Kapea, Director – Tuia Group; Maxeen Newton – Consultant (in part Via Zoom); Abbi Collins, Annie Tangata, Summer Bennett - Manawa Energy; and members of the public
Ngā Hōnea
Apologies: Cr Toi Kai Rākau Iti, Cr Ken Shirley - BOPRC
Cr Wilson James - Alternate, Whakatāne District Council
Cr Tuwhakairiora O'Brien - Whakatāne District Council
Mihipeka Sisley – Alternate, Te Rūnanga o Ngāti Awa
Cr Yvonne Westermen – Alternate, Taupō District Council
Opening Statement
Deputy Chair Terewai Kalman advised that she would assume the position of Acting Chair until the appointment of a Chairperson was considered under Agenda Item 10.1.
1. Karakia
Whakatuwhera
Opening Karakia
A karakia was provided by Miro Araroa.
A mihi of acknowledgement to outgoing Chair Bronco Carson and to welcome new members Te Taute Taiepa and Cr Kat Macmillan was provided by Miro Araroa. A Mihi of reply was provided by Bronco and Te Taute.
The Deputy Chair reiterated the acknowledgements and expressed her thanks to Bronco for his chairmanship and work for the Forum that had been on behalf of Ngāti Whare and in support of Ngāti Manawa.
2. Ngā Hōnea
Apologies
Resolved That the Rangitāiki River Forum: 1 Accepts the apologies from Cr Toi Kai Rākau Iti, Cr Wilson James, Cr Tuwhakairiora O'Brien, Cr Ken Shirley, Mihipeka Sisley and Cr Yvonne Westermen for absence tendered at the meeting. Rangiaho/Simpson-Almond CARRIED |
3. Ngā Take Tōmuri
Items not on the Agenda
Taupō District Council’s Long Term Plan 2023 Engagement (refer Tabled Document 1) – An update on this matter would be provided by Cr John Williamson under Agenda Item 8.1, Verbal Updates from Forum Members.
4. Raupapa o Ngā Take
Order of Business
Agenda Item 9.1, Manawa Energy Wheao Dam Consent Update - had been withdrawn from the agenda at the request of Manawa Energy to enable further time for them to meet with Ngāti Manawa and Ngāti Whare before presenting to the Forum.
5. Whakapuakanga o Ngā
Take Whai Taha-Rua
Declaration of Conflicts of Interest
Karito Paul declared he was employed by the Department of Conservation.
6. Ngā Meneti
Minutes
Kia
Whakaūngia Ngā Meneti
Minutes to be Confirmed
6.1 |
Rangitāiki River Forum Minutes - 23 March 2023 |
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Resolved That the Rangitāiki River Forum: 1 Confirms the Rangitāiki River Forum Minutes - 23 March 2023 as a true and correct record, subject to the following amendments:
· Agenda pages 12-13: amend ‘Omataroa Rangitāiki No.2 Trust’ to ‘Omataroa Kaitiaki Limited Trust’ · Agenda page 13, third bullet: insert ‘(Kokopu Trust)’ after ‘Carwyn Kerrison’ · Agenda page 14: fourth bullet – insert ‘Te Arawa’ before ‘maramataka’ · Agenda page 17: amend ‘Miro Araroa abstained from voting’ to include the words: “on Resolution 6”. Simpson-Almond/Araroa CARRIED |
7. Whakahoutanga Kōrero
Verbal Updates
7.1 |
Verbal Updates from Forum Members Tabled Document 1 - Taupō District Council Long Term Plan 2023 Engagement letter: Objective ID A4393925 |
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Shaneen Simpson-Almond – Ngāti Tūwharetoa (BOP) Settlement Trust (NTST) · Shaneen advised that she had been appointed as NTST’s Chairperson and Karilyn Te Riini appointed as Deputy Chairperson. Karito Paul - Te Rūnanga o Ngāti Manawa Provided an update on Ngāti Manawa’s downstream trap and transfer mahi that had been carried out this year at Aniwhenua and Wheao Dams: · Although tuna had been caught, results were not as good as previous years · Of significant concern was there had been more tuna fatalities than transfers as a result of migratory tuna being trapped/crushed against the turbine screens at Aniwhenua Dam. Heavy weather events during the year had exacerbated the issue · Some of the fatalities had been 60-80 year old tuna migrators and longfin tuna, a protected taonga species. Key Points – Members: · Expressed serious concern regarding the fatalities of protected longfin tuna and heavy weather events and climatic changes that were becoming more frequent and intense · Ngāti Manawa’s position on all dams was that trap and transfer was an interim solution that needed to be eradicated in support of natural migration passage · Acknowledged the work that was being done by Ngāti Manawa’s trap and transfer crew and by the late Bill Kerrison and Kokopū Trust at Matahina Dam · Wished to see action on this issue now to ensure the longevity and safe passage of tuna, rather than waiting for the resource consent renewal process · Suggested that the Forum write to Southern Generation Partnership Limited (SGPL) to explain the serious issue of tuna fatalities and ask that they present their solutions. It was noted that: o Outlining the importance of cultural, Te Mana o te Wai (TMoTW) and flood impacts on tuna, taonga species and wider ecology/whakapapa implications was important o Ngāti Manawa’s TMoTW team had a list of proposed actions that could help to prevent/reduce further fatalities o Further discussion on this matter would be deferred and considered under Agenda Item 10.4, Update on Significant Resource Consents. Cr John Williamson – Taupō District Council · Hearings for Taupō District Council’s District Plan review/plan changes were scheduled for July and August 2023 · Taupō District Council was about to begin development of its next Long Term Plan and were seeking interest from the Forum and its iwi partners to engage (refer Tabled Document 1). Miro Araroa – Te Rūnanga o Ngāti Awa · Communications were taking place with Whakatāne District Council (WDC) in regard to the old dumpsite at Tahuna Road, Te Teko which had started to seep after recent heavy rainfall events. WDC were working on remediation to mitigate any potential risk of seepage to prevent leaching into the adjacent wetland/channels that were in proximity to the Rangitāiki awa. Key Points – Staff: · Chris Ingle advised that the old dumpsite at Te Teko was a consented closed landfill. BOPRC’s Compliance team were working with WDC’s Engineering team to look at solutions and provide technical advice. Cr Kevin Winters - BOPRC · BOPRC had approved the installation of the Rangitāiki spillway and radial gates (Rangitāiki Floodway Project Stage 6-7) upstream of Edgecumbe. Costs would be covered by the Government’s Resilience funding, with the remainder debt funded and covered by targeted rates. The project was a significant piece of work that was aimed towards making room for the river and to contain floodway spill within farmland. Construction would start this year and was a major step forward for the protection of the Edgecumbe township and surrounding areas. Ngapera Rangiaho – Tūhoe Te Uru Tamatua · Tūhoe’s position in regard to letting the awa take back its natural course was that it could not be done due to the hydroelectric dams · Kokopu Trust and the Omataroa Kaitiaki Limited Trust’s downstream transfer activity had had good results. Terewai Kalman – Te Rūnanga o Ngāti Manawa · Posed a question to the partner councils as to how much thought was being put into adhering/upholding their obligations to TMoTW, Te Tiriti o Waitangi, the respective Treaty Settlement claims and iwi entities within council projects and resource consent processes. In Response to Questions – Staff: · Noted that Agenda Item 10.4 gave an update on significant resource consents and that further discussion could be raised during this item in regard to giving effect to TMoTW · In relation to the Rangitāiki floodway project, as a consented activity Ngāti Awa had been involved in the resource consent process at hapū level and from a TMoTW perspective. During emergency flood events, taking peak flows off the Rangitāiki awa was needed to reduce serious damage. |
8. Whakaaturanga
Presentations
8.1 |
Manawa Energy - Wheao Dam Consent Update The item was withdrawn from the agenda. |
8.2 |
Department of Conservation - Whitebait Regulations Update Tabled Document 2 - Whitebaiter's Guide to Whitebaiting - English Version (January 2023): Objective ID A4393877 Tabled Document 3 - Whitebaiter's Guide to Whitebaiting - Te Reo Maori Version (August 2022): Objective ID A4393911 Presented by: Hayden Loper - Principal Compliance Officer and accompanied by Pohoira Hughes-Iopata - Treaty Ranger, Department of Conservation (DOC) |
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Key Points - Presenters: · Outlined the whitebait regulation amendments that had been put in place to ensure the sustainability of the whitebait fishery, noting that the population was in decline. Copies of the Whitebaiter’s Guide was circulated for information (refer Tabled Documents 2 and 3) · Regulation amendments had restricted catch methods as a way to limit catch size · The main types of breaches observed within the Bay of Plenty were fishing outside the 1 September to 30 October whitebait season and fishing within 20 metres of a floodgate/structure · DOC’s compliance methods used the pragmatic model, providing first time breaches with education/advocacy leading to formal warnings for recurrences and infringements/prosecutions for more serious offences · Noted there was a presence of criminal element/illegal sale, which often involved the need to increase staff resourcing and seek the support of the NZ Police to ensure the safety of staff and other fishers. · Invited the Forum and individual iwi to communicate with DOC to explore inanga sustainability and customary rights matters. In Response to Questions: · The decision to restrict the catch method and not the catch size had been made at a higher departmental level, but may have been attributed to historical information and difficulty in regulating catch sizes · Customary rights was at the forefront of DOC’s mind and staff wished to work with local iwi on customary and compliance related matters. Key Points - Members: · Pleased that the regulations were in place to promote the sustainability of threatened native species · Sought DOC’s consideration of Section 4 of the Conservation Act in regard to compliance in the current socio-economic climate, legal obligations of giving effect to the principles of Te Tiriti o Waitangi and working with iwi/hapū on these issues · Noted that the Government Biodiversity Strategy had some strong cultural platforms including the exercising of kaitiakitanga, tino rangatiratanga, mahinga kai and the need for government agencies to develop their understanding of the holistic/cultural approaches and outcomes · Raised for consideration some existing confusion and complexities between various Acts in relation to taonga species and the need for DOC, Ministry for Primary Industries and Fisheries New Zealand to work together to find a solution. |
8.3 |
Taupō District Plan Changes – Bundle Two Presentation - Taupō District Plan Changes: Objective ID A4396761 Presented by: Hilary Samuel, Senior Policy Advisor, Taupō District Council (Via Zoom) |
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Key Points: · Provided background on the District Plan review and the decision made to review priority areas of the plan, as a result of the Resource Management Act reforms · Overview of the first bundle of plan changes involving two full plan changes and four refined plan changes · Outlined previous engagement with the Forum on the district plan review · Te Ara Whānui o Rangitāiki vision, objectives and outcomes and TMoTW had been reflected within the Strategic Directions chapter · Draft plans changes were circulated in May 2022 for pre-consultation and notified in December 2022 for public submission · Hearing timeframes were scheduled during July - August 2023 · The next bundle of plan changes would commence after Bundle 1 hearings o Full review of residential chapter o Maori purpose zone – had been provided for by the National Planning Standards and staff would be working with individual hapū on this. |
8.4 |
North Island Wallaby Programme Update Presentation - North Island Wallaby Programme Update: Objective ID A4393926 Presented by: Davor Bejakovich - Wallaby Programme Lead, accompanied by Michelle Archer, Place Group Limited (Environmental Consultant) |
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· Provided background on the historical spread of wallaby populations and Manaaki Whenua/Landcare Research study findings in 2015 that had identified the potential for wallaby to spread throughout half of the North Island and through the South Island by 2050 if left unchecked · Jobs for Nature funding ($27.3M) had been secured in 2020 for the national wallaby programme until June 2024 with $2.5M allocated to the North Island programme in 2022/23 and approximately $1.7M for 2023/24 · Key priorities were: delimit distribution, control outside containment areas, interventions to prevent outward dispersal and partnering with iwi · BOPRC, Waikato Regional Council (WRC) and DOC were working closely together and were looking to build relationships with iwi partners · Outlined the North Island wallaby programme approach, noting substantial effort being put into eradicating satellite populations with a view to moving into the containment area as a long term goal · Camera surveillance in the Matahina Forest had confirmed anecdotal sightings on the eastern edge of the containment area near Matahina Dam. No sightings had been identified on the other side of the awa, however bridges and dams could provide access · A camera had been placed at Matahina Dam and a wallaby proof gate installed at Aniwhenua Dam · The Biosecurity Team was liaising and working with Ngāti Awa and Ngāti Manawa and would be working with local pest operators and iwi to deliver the proposed control programme within the Rangitāiki catchment · Outlined wallaby control methods that could be used, but would look at options that were acceptable to mana whenua partners and users in the respective areas · Requested permission to work with Iwi Forum partners and would report back to the Forum to provide an update on programme results at a future meeting. In Response to Questions: · $1.3M of the 2022/23 programme year had been spent on camera surveillance and dog monitoring to find satellite populations before being able to spend on control · Iwi based crews were assisting the programme · The programme was able to fund up to one full-time equivalent (FTE) from iwi partners in the Rangitāiki River wallaby control projects · Wallaby meat had some commercial value and was suitable for petfood where there was appropriate numbers, but did not have fur like possums · Surveillance cameras could be installed at relevant locations (i.e. Rabbit, Waiohau and Rangitāiki Bridges) but would need to look at appropriate places to keep them secure. Key Points - Members: · Pleased that the wallaby programme was working with Omataroa Kaitiaki Limited Trust and had installed the wallaby proof gate at Aniwhenua Dam.
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12:43 pm – the meeting adjourned.
1:03 pm – the meeting reconvened.
9. Ngā Pūrongo
Reports
Ngā
Whakatau e Hiahiatia Ana
Decisions Required
9.1 |
Change in Membership and Election of a new Chairperson and Deputy Chairperson Presented by: Chris Ingle – General Manager Integrated Catchments Key Points: · Noted the appointment of Te Taute Taiepa for confirmation and the process for appointing a new Forum Chairperson and Deputy Chairperson · Paid tribute to Bronco Carson for serving on the Forum twice and extended gratitude for his contribution and leadership. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Change in Membership and Election of a new Chairperson and Deputy Chairperson; 2 Confirms the appointment of Te Taute Taiepa as the appointed
member for 3 Acknowledges Bronco Carson for his valuable contribution to the Forum; 4 Selects System B as the voting system for the election of a Chairperson and Deputy Chairperson. Winters/Rangiaho CARRIED Nominations were called for the position of Chairperson. Shaneen Simpson-Almond nominated Terewai Kalman for the position Ngawai Crawford seconded the nomination. No further nominations were received. 5 Elects Terewai Kalman as the Chairperson of the Rangitāiki River Forum. Simpson-Almond/Crawford CARRIED Nominations were called for the position of Deputy Chairperson. Ngapera Rangiaho nominated Te Taute Taiepa for the position and Shaneen Simpson-Almond seconded the nomination. No further nominations were received. 6 Elects Te Taute Taiepa as the Deputy Chairperson of the Rangitāiki River Forum. Rangiaho/Simpson-Almond CARRIED
Terewai Kalman thanked members for their support in appointing her as the Forum’s Chairperson. |
Hei
Pānui Anake
Information Only
9.2 |
March-May 2023 Rangitāiki Catchment Programme Dashboard Presented by: Charles Harley – Eastern Catchments Team Lead Key Points: · As requested by the Forum at its previous meeting, staff were working to create an infographic map to accompany the dashboard report · Staff were beginning to draft the next Rangitāiki Catchment Programme Work Plan for 2023/24 and would be seeking information from partner council staff as well as their input into the infographic map, which may not cover all activity sites but would provide an indication of some of the work taking place · Hoped to have the
next Rangitāiki Catchment Programme Work Plan for 2023/24 completed in
time to report to the next Forum meeting on Key Points - Members: · Regarding Fonterra’s resource consents: o Requested a presentation update from Fonterra in the public forum of a Forum meeting to ensure accountability from Fonterra and to uphold the values of Te Ara Whānui o Rangitāiki, the mana of the Forum and maintain support of its respective iwi partners o Requested that the presentation be in a clear and non-technical format and reflect how Fonterra was upholding TMoTW and adhering to the values of the respective Treaty Settlement claims o During Fonterra’s confidential briefing to the Forum in September 2022, Fonterra had been asked to consider their stewardship of the river and to seek alternative methods for discharging into the river o Fonterra had consulted with Ngāti Awa and affected hapū, and an Assessment of Environmental Effects (AEE) had been produced by Ngāti Awa as part of Fonterra’s resource consent application. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, March-May 2023 Rangitāiki Catchment Programme Dashboard; 2 Request Fonterra Edgecumbe provide a presentation update in the public forum at the Forum’s next meeting in relation to their resource consents pertaining to the Rangitāiki awa. Winters/Simpson-Almond CARRIED |
9.3 |
Essential Freshwater Policy Programme Update Presentation - Essential Freshwater Policy Programme Update: Objective ID A4393928 Presented by: Michelle Lee – Planner (Water Policy) Key Points: · Provided background on Council’s Essential Freshwater Policy Programme and key changes that would be made to the Regional Policy Statement and regional plan · Noted the tight timeframes that included formally notifying plan changes by 2024 · Sought the Forum’s and individual partner organisation’s feedback on the content and management options listed in Rangitāiki Freshwater Management Unit (FMU) Story discussion document · Outlined the Rangitāiki water management issues, noting work had begun on development of draft policy options · Provided dates for hui-a-rohe and community engagement sessions that had begun in April 2023, noting that a drop-in session was taking place that afternoon. Forum members were encouraged to attend. In Response to Questions: · Staff welcomed Forum iwi partner invitations for hui within their communities. Key Points - Members: · Provided feedback on the FMU Story: o Pleased that the protection of tuna was included in the draft freshwater long-term vision (refer Option B1) and wished for this wording to be retained o Wished for cultural traditions and practices, including traditional waka and monitoring to be valued and included in the story, and not just as a mahinga kai value. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Essential Freshwater Policy Programme Update. Rangiaho/Macmillan CARRIED |
9.4 |
Update on Significant Resource Consents Presentation - Rangitāiki Significant Consents: Objective ID A4398238 Tabled Document 4 - Wheao Dam resource consent: Objective ID A4399139 Presented by: Ella Tennent – Consents Manager · BOPRC advised consent applicants of the preferred process to consult with tangata whenua prior to lodging consent where relevant · Advised that controlled activities within the catchment did not include any cultural effects or require consultation or public notification · Wheao Dam - lodgement of the replacement consent had been anticipated in May/June 2023, but had not yet been received. The consent was anticipated to be a fully public notified process, which required a longer time period for the consent process, i.e. approximately six months. A copy of the resource consent was circulated for information (refer Tabled Document) · Fonterra Edgecumbe – replacement factory discharge consents were granted earlier in the year after a notified process and consultation with tangata whenua. The discharge consent required an improvement to the discharge quality which necessitated a new wastewater treatment plant. The consent application for the proposed wastewater treatment plant was on hold for further information and would likely be publicly notified · Outlined other consents, including for flood mitigation within the catchment and new regulations for farming that had come into effect as part of the National Environmental Standards for Freshwater · Surface water takes were currently considered under a conservative framework (10% of low flows), which would be considered as part of the Rangitāiki Freshwater Management Unit (FMU) and Council’s Essential Freshwater Policy Programme (EFPP) plan change. Replacement consents for water takes within over-allocated areas may be revised after the plan change and reduced where appropriate. In Response to Questions: · BOPRC did not charge for taking of water, but did apply charges for administering resource consents · Regarding Southern Generation Partnership Limited’s consent for Lake Aniwaniwa – in general, consents could be reviewed for certain reasons, particularly newer consents which include review conditions. Alternatively, the consent holder could apply to vary their consent conditions · Water allocation and limits on consents could be reviewed following a regional plan change · BOPRC’s accountability to monitor and ensure resource consents upheld Treaty Claim Settlements was supported by Cultural Impact Assessments (CIA) that were lodged with consent applications and provided by the relevant and affected iwi. Key Points - Members: o While the current 35 year consent timeframe suited the consent holder, Ngāti Manawa supported the shorter term, which would place more accountability on the consent holder o The current 35 year consent timeframe was the amount of time it had taken the iwi to be able to get a voice via the Ngāti Manawa Claims Settlement Act 2012 o Ngāti Manawa opposed the consent in its entirety due to the damaging cultural, social and environmental impacts from the dam since its construction in 1977, which had been without the iwi’s permission and consultation o Early lodgement of the consent application would interfere with the time that iwi needed to acquire legal and specialist advice, undertake its CIA and enable them to engage and bring their iwi up to speed in the process · Forum members from Ngāti Whare and Ngāti Tūwharetoa (BOP) Settlement Trust noted their support of Ngāti Manawa’s opposition to the consent · Regarding the Lake Aniwaniwa consent – referred to the Forum’s discussion raised earlier in the meeting under Members Verbal Updates in relation to tuna fatalities at Lake Aniwaniwa and wished to write to Southern Generation Partnership Limited to request they present their solutions to the Forum. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Update on Significant Resource Consents. 2 Formally notifies Southern Generation Partnership Limited about the Forum’s current position and concerns regarding tuna fatalities at Lake Aniwaniwa and invites them to present their solutions to the Forum. Simpson-Almond/Macmillan CARRIED |
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Post Meeting Note: A correction was noted in section 2.1 of the agenda report, second bullet point – in relation to the Lake Aniwaniwa, Southern Generation resource consent, the “dam consent” was due to expire in 2026, and not in 2042 as reported. In response to a question that was asked about whether the Aniwaniwa dam consent could be reviewed for fish passage reasons - the consent does not include review conditions. |
9.5 |
Options for establishing a Charitable Trust Presented by: Jane Waldon – Co-Governance Secretariat Toko Kapea - Director, Tuia Group (Via Zoom) Key Points: · The purpose for considering to establish a charitable trust was to undertake environmental enhancement projects on the Rangitāiki river on behalf of the Forum · A charitable trust would provide the Forum with more rangatiratanga/ autonomy over projects that were being undertaken and would be used as an operational entity to acquire external funding · Currently the Forum did not have a funding mechanism in place to apply for funding and was reliant on its council partners to build their work programmes around the Forum’s wishes, which may not always be possible · To setup a charitable trust, the Forum would need to be very clear of the trust’s purpose and function, and it was recommended to align these with the Forum’s purpose and objectives. In Response to Questions: · Safeguards and mitigations could be put in place and if trustees acted with good intention, there should be little to no risk · A charitable trust would need structural and operational support to operate prudently · Other charitable or incorporated entity structures could be used, but would still need to be clear on its purpose and objectives and require people, support and processes to be put in place Key Points - Members: · The Chair noted that the report was to provide an initial opportunity for members to discuss and ask questions with the intention of taking the matter back to their respective partner organisations for discussion and feedback. From this, it was anticipated that further discussion would be needed by the Forum before making any decision · Questioned whether the charitable trust would be a co-governance structure between iwi and council partners · Considered that a charitable trust was not the right vehicle due to the responsibility of personal liability that it would place on members, and questioned whether the reason provided for establishing a charitable trust was valid and sufficient · While Regional Council had legislative obligations and processes to adhere to, noted the success with the Rangitāiki River Wetland project which had secured substantial funding from the Ministry for the Environment and Regional Council · Noted that any prerequisites for establishing a charitable trust and developing criteria for accessing charitable trust funding would need to be developed and agreed by the Forum · Provided an example of where whānau had missed out on the opportunity to be involved in the Rangitāiki wetland project that was on their whenua, as a result of the proposed encumbrances and processes, which whānau had a level of mistrust and were unwilling to participate in. However, it was noted that these issues may or may not be negated by a charitable trust · The option of a charitable trust could provide more opportunity for Iwi partners and the Forum to have more say on how and where funding was spent, without limitation and free of any perceived distrust · Noted there would be many projects coming up in the future where securing external funding would alleviate pressure and enable them to be resourced. |
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Resolved That the Rangitāiki River Forum: 1 Receives the report, Options for establishing a Charitable Trust. Macmillan/Taiepa CARRIED |
10. Karakia Kati
Closing Karakia
A karakia was provided by Miro Araroa.
2:40 pm – the meeting closed.
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Confirmed
Terewai Kalman
Chairperson, Rangitāiki River Forum
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Pūrongo
Ki: |
Rangitāiki River Forum |
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Rā
Hui: |
1 September 2023 |
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Kaituhi
Pūrongo: |
Shari Kameta, Committee Advisor |
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Kaiwhakamana Pūrongo: |
Chris Ingle, General Manager, Integrated Catchments |
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Kaupapa: |
To update and advise the Rangitāiki River Forum (Forum) of a change of membership. |
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Change of Membership
Whakarāpopototanga This report is to advise and update the Forum of a change of membership for Ngāti Tūwharetoa (BOP) Settlement Trust (NTST).
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Ngā
tūtohutanga
Recommendations
That the Rangitāiki River Forum:
1 Receives the report, Change of Membership.
2 Notes the appointment of Katishe McCauley as the appointed member for Ngāti Tūwharetoa (BOP) Settlement Trust, replacing Shaneen Simpson-Almond.
Under the Ngāti Manawa and Ngāti Whare Settlement Acts[1], members are appointed and discharged by their appointing body. A member appointed by an iwi may resign by giving written notice to their appointing body; and where there is a vacancy on the Forum, the relevant appointer must fill that vacancy as soon as is reasonably practical.
Following the resignation of Shaneen Simpson-Almond as a trustee, Ngāti Tūwharetoa (BOP) Settlement Trust has advised that Katishe McCauley has been appointed as their representative on the Forum in Shaneen’s place.
The Forum’s Terms of Reference has been updated with the membership change.
Forum membership provides for appointing bodies to appoint an alternate member to attend and speak at meetings, and to vote when the primary member is absent, allowing for representation of both iwi and local authority partners at meetings. However, it is noted that NTST has not appointed an alternate to the Forum at this time.
2. Ngā Whakaarohanga
Considerations
2.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations
There are no significant risks associated with this matter.
2.2 Huringa Āhuarangi
Climate Change
The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.
2.3 Ngā Pānga ki te Māori
Implications for Māori
The matters addressed in this report are of a procedural nature and there is no need to consider implications for Māori.
2.4 Whakawhitiwhiti ā-Hapori
Community Engagement
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Engagement with the community is not required as the recommended decision relates to administrative matters. |
2.5 Ngā Pānga ā-Pūtea
Financial Implications
There are no financial implications relating to this matter.
3. Ngā Mahi Whai Ake
Next Steps
Relevant induction information will be provided to support new appointed members and additional advice provided where requested.
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Pūrongo Ki: |
Rangitāiki River Forum |
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Rā Hui: |
1 September 2023 |
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Kaituhi Pūrongo: |
Ella Tennent, Consents Manager |
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Kaiwhakamana
Pūrongo: |
Reuben Fraser, General Manager, Regulatory Services |
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Kaupapa: |
Information |
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Resource Consents Update
Whakarāpopototanga This report provides a brief update on significant resource consents in the catchment since the last Rangitāiki River Forum meeting. |
Ngā tūtohutanga
Recommendations
That the Rangitāiki River Forum:
1 Receives the report, Resource Consents Update.
1. He
Whakamārama
Background
During the last meeting I provided an update on various consents. This report provides an update on the Hydro-electric dam consent applications and the Fonterra wastewater treatment plant application.
2. Resource Consent Applications
2.1 Hydroelectric Dams
Manawa Energy applied for a replacement consent in late June 2023. Jacob Steens is the Council Senior Consent Planner processing the application. Jacob placed the application on hold to allow time to meet with Ngāti Whare and Ngāti Manawa before making a decision under s88 of the Resource Management Act 1991 (RMA). After meeting with Ngāti Manawa and Ngāti Whare, Jacob accepted the application for processing under s88. The application is currently on hold for Cultural Impact Assessments. The consent application will be publicly notified.
I note there was some concern that a consent application being lodged prior to the National and Built Environment Act (NBEA) being adopted could give the applicant an easier process in regards consent duration. The select committee considering the NBEA and the associated changes to the RMA has recommended that hydroelectricity dams be excluded from the proposed changes that will limit consent duration.
A replacement consent for Southern Generation’s dam at Lake Aniwaniwa has not been lodged.
Both the Wheao and Lake Aniwaniwa consents are due to expire in 2026.
2.2 Fonterra
The Fonterra wastewater treatment plant application is still on hold for further information from the applicant.
3. Ngā
Whakaarohanga
Considerations
3.1 Ngā
Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations
No implications, report is for information only.
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. Climate change is considered when processing resource consent applications.
Mitigation |
Adaptation |
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Reduce GHG emissions |
Produce GHG emissions |
Sequester carbon |
Anticipate climate change impacts |
Respond to climate change impacts |
☐ |
☐ |
☐ |
☐ |
☒ |
3.3 Ngā
Pānga ki te Māori
Implications for Māori
Cultural Impact Assessments are required for the processing of the Wheao replacement consent application.
4. Ngā
Mahi Whai Ake
Next Steps
Regular updates on these consents can be provided at each Rangitāiki River Forum meeting.
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Pūrongo Ki: |
Rangitāiki River Forum |
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Rā Hui: |
1 September 2023 |
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Kaituhi Pūrongo: |
Michelle Lee, Planner (Water Policy) |
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Kaiwhakamana
Pūrongo: |
Namouta Poutasi, General Manager, Strategy and Science |
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Kaupapa: |
To provide the Rangitāiki
River Forum with an update on |
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Essential Freshwater Policy Programme Update
Whakarāpopototanga 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. The focus for April to September is on continuing to involve tangata whenua, hui ā-rohe wai māori delivery, and community face-to-face and online engagement on the broad options. This paper provides an update on that engagement. Engagement with tangata whenua on policy drafting details is scheduled for early 2024. 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 shares Toi Moana’s Strategy and Policy Committee’s decision made on staff to start drafting RPS and RNRP plan change text to meet deadlines while developing a way for the planning framework to be future-ready, accommodating tangata whenua inputs anticipated to come after the Regional Plan is notified in 2024. The aim is to share the draft change text with iwi organisations, Rangitāiki River Forum and key stakeholders in early 2024. |
A key message from Toi Moana is that staff are keen to engage with tangata whenua at any point in the process. There remains an open invitation for conversations and hui towards gaining better understand of how Te Mana o te Wai can be implemented in the Bay of Plenty and Rangitāiki. |
Ngā
tūtohutanga
Recommendations
That the Rangitāiki River Forum:
1 Receives the report, Essential Freshwater Policy Programme Update.
1. He Whakamārama
Background
The Essential Freshwater Policy Programme (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 chapters of the Regional Policy Statement (RPS), and the Regional Natural Resources Plan (RNRP). 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 ā-rohe wai māori, and 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 notify in 2024 publicly.
This report provides an update on EFPP progress most relevant to Kaupapa Māori freshwater matters and the Rangitāiki co-governance area.
2. Rangitāiki engagement update
Tukua tō kōrero! Have your say!
Feedback closes at the end of September for this part of the process. Communities are invited to provide feedback at the engagement events in person, online through the Participate webpage, or by filling out the hard copy feedback booklets.
Forum members are urged to provide feedback and encourage their member organisations and whanau to do the same.
The feedback Forum members provided in the 2 June meeting include:
· pleased that the protection of tuna was included in the draft freshwater long-term vision (refer Option B1) and wished for this wording to be retained, and
· wished for cultural traditions and practices, including traditional waka and monitoring to be valued and included in the story, and not just as a mahinga kai value.
Since the last update (2 June 2023), the following community and tangata whenua engagement events have been held:
Rangitāiki Freshwater Management Unit (FMU) community drop-in sessions
· Friday 2 June, 2pm–7pm, Eastbay REAP, Whakatāne
· Sunday 23 July, 10am–2 pm, Galatea Hall
Upper Rangitāiki Freshwater Management Unit (FMU) community sessions
· Wednesday 30 August, 11am–1pm, Rangitāiki Taven SH5
Hui ā-rohe wai māori
· Kōhī – 24 May 2pm–4pm, Eastbay REAP, Whakatāne
· Ōkūrei - Wednesday 17 May 2pm-4pm and 5.30pm-7pm, Te Ao Marama, Ōhinemutu Rotorua
Hui ā-rohe feedback
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. John Rapana presented at the Kōhī hui ā-rohe in Whakatāne sharing the Ngāti Makino experiences. 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 tāngata 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.
Tangata whenua-led wai māori mātauranga Māori
Pūtaiao Mātauranga, Gina Mohi, of Toi Moana will provide a verbal update in the meeting.
Rangitāiki drop-in feedback
Fifteen people attended Rangitāiki drop-in session on 2 June (Eastbay REAP) or 23 July (Galatea Hall). Although a small number compared to the first drop-in session in April, people who visited had in-depth conversations with the team. Key concerns included flooding damages, water availability for farming activities and whether farmers can continue farming. The majority of the attendees are from the farming community.
Engagement coming up
The last of the Rangitāiki FMU events for this engagement period are:
· Rangitāiki Drop-in session – Friday 8 September, 2–5 pm Galatea Hall
· Kōhī hui ā-rohe Wai māori – Tuesday 12 September 2–5 pm
· Ōkūrei hui ā-rohe Wai māori – Thursday 28 September 2–5 pm
Everyone is welcome to come to the drop-in session.
All co-governance iwi members and their organisations will be invited to the second round of hui ā-rohe wai māori. The hui format differs from the community engagement drop-in sessions and focuses on the opportunity for sharing mātauranga Māori. Where requests are made for further engagement, these have been and will continue to be followed up by the team.
3. Planning methodology to support Kaupapa Māori into the future
As mentioned in the June report, Toi Moana is developing a way for the regional planning framework to be future-ready and to accommodate tangata whenua inputs that come after the Regional Plan is notified in 2024.
Feedback on the approach is welcomed as the approach is worked up further. Some mechanisms identified to make the future plan responsive to emerging specific cultural values and attributes over time include:
1. Enhancing Iwi Management Plans (support a greater level of specificity)
2. Enhancing consultation (greater attention to cultural values in policy creation)
3. Enhancement to discretionary consenting (e.g., greater emphasis on considering “cultural values” in resource consent)
4. Commitment to future, specific plan changes (to enable the direct incorporation of cultural material into the Regional Plan).
Attachment 1 contains a paper that explores the idea at a broad scale.
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 seeking feedback by the end of September.
In August Toi Moana’s Strategy and Policy Committee (S&P Committee) considered key freshwater policy shifts for changes to the Regional Policy Statement (RPS) and the Tangata Whenua & Integrated Management chapters of the Regional Plan (RNRP). 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 the evaluation of options (s32 assessment) is complete.
Draft plan change text will be made available to iwi organisations, Rangitāiki River Forum and some other key stakeholders for response in early 2024.
4. Ngā Whakaarohanga
Considerations
4.1 Ngā Mōrea me Ngā
Whakangāwaritanga
Risks and Mitigations
There are no direct risks for the Forum associated with Toi Moana delivering this policy programme. This policy programme provides opportunities for the Forum to play a key role in advocating for the protection and enhancement of the Rangitāiki River and its resources for the benefit of present and future generations. Promoting the integrated and coordinated management of the Rangitāiki River and advising this policy programme is within Forum’s purpose and functions.
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
Rangitāiki and its tributaries are important to 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.
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. This work will also assist with delivering Forum’s vision, objectives, and desired outcomes for the Rangitāiki in Te Ara Whānui o Rangitāiki – pathways of the Rangitāiki – river document. RPS change 3 (Rangitāiki River) was made operative on 9 October 2018 and must considered as part of the policy drafting in the freshwater changes proposed to the regional plan to the Rangitāiki.
4.6 Ngā Pānga ā-Pūtea
Financial Implications
There are no financial implications for Rangitāiki River Forum associated with this report. This engagement fits within the Toi Moana EFPP allocated budget.
5. Ngā Mahi Whai Ake
Next Steps
1. Rangitāiki River Forum continues 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. Rangitāiki River Forum members and their organisations are encouraged to promote participation at relevant events;
· hold the second round of hui ā-rohe wai māori in September;
· summarise engagement feedback;
· continue to develop draft policy options, assessments and plan change text, including the mechanism to responding to Kaupapa Māori information that may become available after the proposed RNRP plan change is notified, and giving effect to RPS Change 3 when drafting the Rangitāiki parts of the RNRP changes; and
· update the Toi Moana website with freshwater information covering matters of relevance to tangata whenua.
Attachment 1 - Framework for a Future Focussed Plan (Kaupapa Māori Workstream) ⇩