Tarawera Awa Restoration Strategy Group Rārangi Take (Agenda)

NOTICE IS GIVEN that the next meeting of the Tarawera Awa Restoration Strategy Group will be held in the Mataatua Room, Bay of Plenty Regional Council Building, 5 Quay Street, Whakatane on:

Tuesday 7 November 2023 COMMENCING AT 9:30 AM

 

 

Fiona McTavish

Chief Executive

30 October 2023

 

 

 

 


 

Tarawera Awa Restoration Strategy Group

Membership

Chairperson

Leith Comer (Te Mana o Ngāti Rangitihi)

Deputy Chairperson

Pouroto Ngaropo (Te Rūnanga o Ngāti Awa)

Tangata Whenua Members

 

One appointed representative each:

 

Te Mana o Ngāti Rangitihi

Tīpene Marr (Alternate)

Ngāti Mākino Iwi Authority

Awhi Awhimate

Laurance Tamati (Alternate)

·         Te Rūnanga o Ngāti Awa

Manurere Glen (Alternate)

Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust

Jim Schuster

Council Members

 

One appointed member each:

 

Bay of Plenty Regional Council

Chairman Doug Leeder

Cr Malcolm Campbell (Alternate)

Kawerau District Council

Mayor Faylene Tunui

Deputy Mayor Aaron Rangihika (Alternate)

Rotorua Lakes Council

Cr Gregg Brown

Phill Thomass – Lakes Community Board (Alternate)

Whakatāne District Council

Mayor Victor Luca

Deputy Mayor Lesley Immink (Alternate)

Quorum

Five members comprising:

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

Meeting frequency

Quarterly

Purpose

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

Scope

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

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

Role

The functions of the Strategy Group are to —

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

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

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

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

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

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

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

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

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

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

Decision Making

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

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

Power to Act

Except as provided for in the purpose above, the Strategy Group has discretion to determine in any particular circumstances whether to perform any function specified and how, and to what extent, any function specified is performed.

Power to Recommend

To the partner organisations on any matters within the Strategy Group’s delegated role as it deems appropriate.

Strategy Group members report directly to their respective appointing organisations.

 

 


Tarawera Awa Restoration Strategy Group                                                          7 November 2023

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

Rārangi Take
Agenda

1.       Karakia Whakatuwhera
Opening Prayer

2.       Ngā Hōnea
Apologies

3.       Wāhanga Tūmatanui
Public Forum

4.       Ngā Take Tōmuri
Items not on the Agenda

5.       Raupapa o Ngā Take
Order of Business

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

7.       Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

7.1      Tarawera Awa Restoration Strategy Group Minutes - 29 August 2023 6

8.       Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

8.1      Draft Tarawera Awa Aspirations Document and Strategy Group Logo                                                                                                                   6

Attachment 1 - Draft Tarawera Awa Aspirations Document                                        17


 

8.2      Legislative Requirements for the Tarawera Awa Restoration Strategy Document                                                                                                  6

Attachment 1 - Interface between Tarawera Awa Restoration Strategy Document and broader environmental resource management framework.                                           6

9.       Whakahoutanga Kōrero
Verbal Updates

9.1      Discussion on Next Steps for Tarawera Awa Restoration Strategy Document

Facilitated by: Chair Leith Comer

A discussion on strategic objectives and action plans.

9.2      Freshwater Gold Clam Invasion

Presented by: Chris Ingle, General Manager Integrated Catchments

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

11.     Karakia Kati
Closing Prayer


Tarawera Awa Restoration Strategy Group Minutes

29 August 2023

 

Tarawera Awa Restoration Strategy Group

Ngā Meneti

Open Minutes

Commencing:             Tuesday 29 August 2023, 9:30 AM

Venue:                         Firmin Lodge, Waterhouse Street, Kawerau

Heamana

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

Ngā Kopounga

Members:                    Ngāti Mākino Iwi Authority:

                                    Awhi Awhimate

Bay of Plenty Regional Council Toi Moana (BOPRC):

Cr Malcolm Campbell (Alternate)

Te Rūnanga o Ngāti Awa:

Manu Glen (Alternate)

Whakatāne District Council (WDC):

Mayor Victor Luca, Deputy Mayor Lesley Immink (Alternate)

Kawerau District Council:

Mayor Faylene Tunui, Deputy Mayor Aaron Rangihika (Alternate)

Ngāti Tūwharetoa (BOP) Settlement Trust:

Jim Schuster

Rotorua Lakes Council:

Phill Thomass  - Lakes Community Board Chair (Alternate)

Te Hunga i Tae Ake

In Attendance:            BOPRC: Chris Ingle – General Manager Integrated Catchments, Stephen Lamb – Environmental Strategy Manager, Gemma Moleta – Senior Planner (Water Policy), Kendall Smith – Land Management Officer, Herewini Simpson – Kaihautu (Te Amorangi Lead), Rawiri Bhana – Senior Advisor (Treaty), Gina Mohi – Pūtaiao Mātauranga, Kerry Brown – Kaitohutohu Taiao Matua (Senior Advisor)

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

                                                      Te Mana o Ngāti Rangitihi: Frances Teinakore-Curtis – Environmental Manager, Chris Clarke – Environmental Officer

                                                      Tūānuku Ltd: Keri Topperwien - Co-Director/Consultant Plan Writer

                                                      Parearau Ltd: Jane Waldon - Co-Governance Secretariat

Ngā Hōnea

Apologies:                  Cr Gregg Brown (Rotorua Lakes Council)

Chairman Doug Leeder (Bay of Plenty Regional Council)

Pouroto Ngaropo (Te Rūnanga o Ngāti Awa)

Tiipene Marr (Alternate, Te Mana o Ngāti Rangitihi Trust)

Laurance Tamati (Alternate, Ngāti Mākino Iwi Authority)

 

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Kaumātua Te Haukakawa Te Rire.

2.     Ngā Hōnea
Apologies

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Accepts the apologies from Cr Gregg Brown, Chairman Doug Leeder, Tiipene Marr, Pouroto Ngaropo and Laurance Tamati for absence tendered at the meeting.

Campbell/Tunui

CARRIED

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

None declared.

4.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

4.1

Tarawera Awa Restoration Strategy Group Minutes - 23 May 2023

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Confirms the Tarawera Awa Restoration Strategy Group Minutes - 23 May 2023 as a true and correct record.

Tunui/Awhimate

CARRIED

5.     Ngā Pūrongo
Reports

Hei Pānui Anake
Information Only

5.1

Essential Freshwater Policy Programme Update

Presentation - Essential Freshwater Policy Programme Update: Objective ID A4473464   

Presented by:   Stephen Lamb – Environmental Strategy Manager
Gemma Moleta – Senior Planner (Water Policy)

Key Points:

·    Recapped the interface and challenges of respecting the two processes for developing the Tarawera Awa Restoration Strategy and National Policy Statement for Freshwater Management (NPS-FM)

·    While the legislative obligation required the proposed plan change to be notified in December 2024, draft would occur earlier than this date

·    BOPRC was implementing a ‘portals’ approach to ensure tangata whenua information that became accessible over time could be used within resource management processes

·    Visions and values were required for each Freshwater Management Unit (FMU). The Aspirations document would be a significant contributor to this part of the process, and connections with the Strategy Group and Iwi collective would be helpful and welcomed.

9:40 am – Jim Schuster entered the meeting.

·    Summarised ongoing engagement and feedback received from community

·    Outlined how BOPRC was supporting Kaupapa Māori within freshwater management, such as providing greater attention and emphasis on cultural values and a commitment to future plan changes.

In Response to Questions:

·    BOPRC had used existing landowner, consent holder, Iwi/hapū/marae and kaitiaki contacts to engage, but anticipated further momentum would build as engagement and the plan change developed and progressed

·    Despite some iwi or post-settlement government entities having the mandate to represent the views of their iwi/hapū/marae/whānau, the NPS-FM directed regional councils to engage with any tangata whenua who wished to be involved

·    Ministry for the Environment had not provided specific guidance on aligning the two legislative processes other than to work with iwi and co-governance committees

·    Considered that the freshwater commissioners would determine how any differences would be worked through however, the preference was to work through any issues prior to that process

·    Would provide Strategy Group members with the Participate website link and engagement responses when they became available and welcomed any feedback or comments at the same time.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Essential Freshwater Policy Programme Update.

Thomass/Tunui

CARRIED

 

5.2

Smith Road Old Rangitāiki Channel Crossing Upgrade

Presentation - Smith Road Old Rangitaiki Crossing Upgrade: Objective ID A4473470   

Presented by:  Chris Ingle – General Manager Integrated Catchments

                           Kendall Smith – Land Management Officer

Key Points:

·    BOPRC and WDC were working to upgrade the Smith Road - Old Rangitāiki Channel (ORC) crossing

·    An 8 metre span single lane bridge was the preferred solution

·    The upgrade would improve tidal flushing, ecological conditions, river scheme/flood resilience and support any potential future plans to restore part of the traditional canal network and/or to reconnect the Tarawera and Rangitāiki rivers

·    A flap gate and two box culverts would be installed to reconnect a wetland and pond to the ORC and some restoration planting had been completed with further planting planned

·    Welcomed the involvement of Strategy Group partners, noting the involvement already from Ngāti Rangitihi environmental management staff.

In Response to Questions:

·    Monitoring data (refer PowerPoint presentation) carried out in March-April 2021 took place during preliminary investigations, with fluctuations primarily depicting tidal flow

·    BOPRC had not looked at restoring the connection to Te Awa o te Atua at this point in time

·    Early investigations into reconnecting the ORC with the Rangitāiki river had identified that flows would need to be controlled, so as not to adversely impact property owners along the channel. It was also noted that the proposal had not been supported by one of the landowners.

Key Points - Members:

·    Provided context of Ngāti Mākino’s cultural connection to Tarawera Awa that remained with Te Awa o te Atua at Matatā, which had been severed and currently did not exist

·    Acknowledged the benefits that the upgrade would provide and challenges in regard to future potential reconnection between the ORC and Rangitāiki river.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

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

Campbell/Awhimate

CARRIED

5.3

Update from the Rangitāiki-Tarawera Rivers Scheme Advisory Group

Presented by: Chris Ingle – General Manager Integrated Catchments

Key Points:

·    Provided background on the Rangitāiki-Tarawera river scheme advisory group as a non-decision making group

·    Co-Governance Chairs were welcome to attend the river scheme advisory group (bi-annual) meetings to be kept informed and provide a conduit between the groups.

In Response to Questions:

·    BOPRC anticipated a review and refresh of the advisory group membership in November 2023.

·    Noted that the old Rangitāiki river channel was managed by the Rangitāiki-Tarawera river scheme.

Key Points - Members:

·    Noted there would be benefit in the Strategy Group Chair attending the river scheme advisory group meetings as a conduit and to be kept informed of discussion.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

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

Campbell/Awhimate

CARRIED

6.     Karakia Kati
Closing Karakia

A karakia was provided by Kaumātua Te Haukakawa Te Rire.

10:27 am – the meeting closed.

 

 

Confirmed                                                                                                                                          

                                                                                                                                            Leith Comer

Chairperson
Tarawera Awa Restoration Strategy Group

 


Tarawera Awa Restoration Strategy Group                                              7 November 2023

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Tarawera Awa Restoration Strategy Group                                              7 November 2023

 

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Pūrongo Ki:
Report To:

Tarawera Awa Restoration Strategy Group

Rā Hui:
Meeting Date:

7 November 2023

Kaituhi Pūrongo:
Report Writer:

Nassah Rolleston-Steed, Principal Advisor, Policy and Planning

Kaiwhakamana Pūrongo:
Report Authoriser:

Chris Ingle, General Manager, Integrated Catchments

Kaupapa:
Purpose:

Set out the Ngāti Rangitihi Claims Settlement Act 2022 requirements for preparing the Tarawera Awa Restoration Strategy Document.

 

 

Legislative requirements for the Tarawera Awa Restoration Strategy Document

 

Whakarāpopototanga
Executive Summary

The purpose of the Tarawera Awa Restoration Strategy Group is to support, co-ordinate and promote the integrated restoration of the mauri of the Tarawera River.  A key mechanism for achieving this purpose is development of a Tarawera Awa Restoration Strategy Document, enabled by the Ngāti Rangitihi Claims Settlement Act 2022

This Strategy Document must contain a common vision, objectives and desired outcomes. Its preparation has specific consultation requirements including a submissions and hearings process. The Strategy Group must deliberate on submissions received and produce a decision report at a level of detail which submitters are able to identify decisions on submission points they made.

The preparation of and consultation on the Tarawera Awa Restoration Strategy Document requires a dedicated project management resource to work alongside the document writer. The project manager should prepare a project plan and a communication and engagement plan for the Strategy Group to consider.


 

The Group should also consider publicly notifying its intention to commence preparation of the Strategy Document.

Once the Strategy Document is complete, subsequent changes to the regional policy statement, regional or district plans can be made to recognise and provide for the Strategy Document’s common vision, objectives and desired outcomes. 

 

Ngā tūtohutanga
Recommendations

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Legislative requirements for the Tarawera Awa Restoration Strategy Document.

2        Notes that a dedicated project manager resource is needed to lead development and project management of the Tarawera Awa Restoration Strategy Document.

3        Foreshadows the project manager once appointed will prepare a project plan and communications and engagement plan setting out a proposed process and timeframes for consideration at the Group’s next meeting.

4        In accordance with Section 140(2) of the Ngāti Rangitihi Claims Settlement Act 2022, directs staff to liaise with the Chair to prepare and publicly notify the Group’s intention to start preparing the Strategy Document.

 

1.       He Whakamārama
Background

The Ngāti Rangitihi settlement legislation (the Act) was enacted on 15 March 2022. The Act enabled establishment of the Tarawera Restoration Strategy Group (the ‘Group’), the latest co-governance entity in the Bay of Plenty region.

The Group’s purpose is to support, co-ordinate and promote the integrated restoration of the mauri of the Tarawera River. One of the Group’s primary tasks is to develop a Tarawera Awa Restoration Strategy Document. 

The Strategy Document must contain:

·      a common vision,

·      objectives, and

·      desired outcomes for the catchment. 

The Strategy Document’s vision, objectives and desired outcomes must be recognised and provided for by subsequent changes to the Bay of Plenty Regional Policy Statement, and any relevant regional and district plans.

Similar provisions were established under Treaty Settlements for Ngāti Whare, Ngāti Manawa and Tapuika iwi.  Co-Governance entities exist for the Rangitāiki and Kaituna River catchments and have resulted in changes to the Bay of Plenty Regional Policy Statement (RPS). Change 3 (Rangitāiki River) to the RPS implemented the statutory requirements of the Ngāti Manawa and Ngāti Whare Claims Settlement Acts 2012. Change 3 was made operative on 9 October 2018. 

Change 5 (Kaituna River) to the RPS implements the legislative requirements of the Tapuika Treaty Claims Settlement Act 2014.  Change 5 was publicly notified in June 2021, hearings were held in October 2022 and the change made operative on 1 August 2023.  Change 5 is the first policy or plan change in NZ to be processed under the Freshwater Planning Process.

2.       Tarawera Awa Restoration Strategy Document

2.1      Legislative Framework

Section 135 of the Ngāti Rangitihi Claims Settlement Act 2022 states the Group must prepare and approve a Tarawera Awa Restoration Strategy Document. 

2.1.1    Strategy Document Purpose

The purposes of the Strategy Document are:

(a)     to outline a common vision, objectives, and desired outcomes for the catchment; and

(b)    to identify the areas of the catchment that need particular attention in order to meet the common vision, objectives, and desired outcomes for the catchment; and

(c)     to develop a way to measure how the common vision, objectives, and desired outcomes for the catchment are being achieved; and

(d)    to identify stakeholder activities that take place in or on the catchment and affect the mauri of the catchment; and

(e)     to identify how the activities referred to in paragraph (d) can be aligned to achieve the common vision, objectives, and desired outcomes for the catchment; and

(f)     to provide a framework to assist central government agencies and local government to identify how decisions or activities affecting the catchment align, or could be aligned, with the common vision, objectives, and desired outcomes for the catchment; and

(g)    to explain to stakeholders how decisions made in relation to the catchment, or activities in or on the catchment, are compatible with the common vision, objectives, and desired outcomes for the catchment.

2.1.2    Effect on Resource Management Act 1991 Planning Documents

Under Section 137 of the Ngāti Rangitihi Claims Settlement Act 2022 Toi Moana is required to ‘recognise and provide for’ the common vision, objectives and desired outcomes in the Strategy Document. 

This requirement applies whenever Toi Moana is preparing, approving, varying or changing the Bay of Plenty Regional Policy Statement or any regional plans.  This requirement must be met each time Toi Moana proposes changes to its RPS or regional plans which have direct application within the Tarawera catchment.

Until this occurs, when considering resource consents to authorise activities within the Tarawera Awa catchment Toi Moana must have particular regard to the Strategy Document.

The requirement to ‘recognise and provide for’ is a stronger legislative directive than to ‘have particular regard to’ the Strategy Document. The Tapuika, Ngāti Manawa and Ngāti Whare Treaty Settlement Acts 2012 included the same requirement. 

Under subsection (4) these obligations apply only to the extent that –

(a) the common vision, objectives, and desired outcomes contained in the Strategy Document relate to the resource management issues of the region or district; and

(b) recognising and providing for the common vision, objectives, and desired outcomes contained in the Strategy Document under subsection (1) is consistent with the purpose of the Resource Management Act 1991; and

(c) having particular regard to the Strategy Document under subsection (3) is consistent with the purpose of the Resource Management Act 1991.

Any RPS or regional plan change to recognise and provide for the Strategy Document’s common vision, objectives and desired outcomes must go through a formal RMA Schedule 1 Freshwater Planning Process.  Change 5 (Kaituna River) to the RPS used this process as it has a strong freshwater quality focus.

2.1.3    Consultation and Decision Making Requirements

Preparation of the Strategy Document has consultation requirements that must be met.  In preparing the draft Strategy Document the Strategy Group must have regard to any alternatives to the common vision, objectives, and desired outcomes provided for in the draft including the potential costs and benefits of the common vision, objectives and desired outcomes.  In doing so, persons affected by the vision, objectives and desired outcomes must be given adequate time to participate in draft Strategy Document’s development and the views of those persons must be had regard to. 

Sections 139, 140 and 141 of the Ngāti Rangitihi Claims Settlement Act 2022 sets out the key consultation requirements the Group must abide by in preparing the Strategy Document. Specific consultation and decision-making requirements include:

·      Publicly notify the intention to prepare the first Strategy Document within 12 months of formally commencing its preparation; 

·      Notify the draft Strategy Document’s availability for interested persons or organisations to make submissions for a minimum of 20 working days;

·      Making the draft Strategy Document available for public inspection;

·      Giving persons who may be affected by the Strategy Document the opportunity and adequate time to participate in the development of the draft Strategy Document;

·      Have regard to the views of persons who may be affected by the Strategy Document;

·      The Strategy Group may hold a hearing but must consider all submissions received and make decisions on the matters raised in submissions and prepare a Decisions Report that specifies how the submissions have been addressed; and

·      The Strategy Group must give public notice of its decision to approve the Strategy Document and make its Decision Report available to submitters at the same time. 

In carrying out its functions and responsibilities the Group must act in an open and inclusive manner for iwi who have interests in the Tarawera Awa catchment but are not formally represented in the Group.  General consultation principles should apply to interested stakeholder organisations, landowners or interested parties.

Relevant RPS consultation provisions include Policy IR 4BUsing consultation in the identification and resolution of resource management issues’ states:

Encourage the timely exchange, consideration of, and response to, relevant information by all parties with an interest in the resolution of a resource management issue by:

(a)    Consulting as widely as practicable in the preparation, implementation and review of policy statements and plans;

(b)    Consulting all potentially affected parties and interest groups in the planning, implementation and review of councils’ own operational activities in relation to the use, development and protection of natural and physical resources; and

(c)    Encouraging all parties undertaking resource use, development and protection activities to consult with others who may be affected.

 

Furthermore RPS Method 41 states: Promote consultation with potentially affected tangata whenua’ which states:

Promote consultation with tangata whenua and any other parties affected:

(a)   Early in a proposal development and, as appropriate, to continue this consultation during the implementation of any consented activity; and

(b)   As the occasion may dictate, in accordance with tikanga Māori (consultation may be through tribal federations or runanga, iwi authorities, hapū or whānau, depending on the issue).

 

Implementation responsibility: Regional council and city and district councils

For all processes leading to RPS changes an open-door approach is taken to consultation with iwi, hapū, stakeholders and interested landowners.  The Strategy Group or its representatives should remain ready to engage with any persons when an interest is expressed. Where requests for engagement are made responses should be swift, with expectation to meet at a time or place convenient to parties wishing to be consulted. This aligns with the above consultation policy principles.

The Strategy Group will need to consider whether all its members or a sub-group of elected/appointed members should hear and make recommendations on all submissions received.  Following receipt of submissions, they will need to be carefully considered and decisions made on the matters raised therein.  The Strategy Group will need to prepare its decisions report which must be at a level of detail the specifies how the matters raised in submissions have been addressed.

2.1.4    Extent of Consultation

It is recommended that notice of the intent to commence preparation of the draft Strategy Document is made now.  This recommendation is based on content of the current Tarawera Awa Aspirations Document and the large number of persons likely to be impacted.  It is recommended that a concerted effort is undertaken to commence early and ongoing consultation with the breadth of persons potentially affected throughout the Tarawera River catchment and beyond, particularly in the lower reaches where the aspiration for ancestral river re-connections extend outside the current catchment boundary. 

Ending all existing discharges into the Tarawera Awa is likely to be of keen interest, especially to industries reliant on existing discharge consents.  If those industries are forced to close or restrict operations to comply with these aspirations, then employees and their families will also be impacted. It is important those aspirations are openly and widely communicated to ensure there is ample opportunity for impacted persons to understand how and when they will be impacted and how they can have their say on the strategy.

2.1.5    Technical Advisory Groups

Section 134 of the Ngāti Rangitihi Claims Settlement Act gives the Group the discretion to set up one or more technical advisory groups, to provide technical support to assist achieving the Group’s purpose and restoration activities within the catchment.  The benefit of establishing a Technical Advisory Group (TAG) is to provide support and assistance to the project lead, with preparing the Strategy Document.  The Strategy Group must fund any Technical Advisory Group established and the membership of this TAG will need to be considered carefully.  The Strategy Group, or a subset of its members delegated to consider, hear and decide on submissions, may wish to set up a panel of experts to call on to provide advice when it is deliberating on submissions received.

3.       Ngā Whakaarohanga
Considerations

3.1      Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

The Group must commence the preparation of a draft Strategy Document no later than 3 years after the settlement date: by 19 May 2025 at the latest. Members have the benefit of learnings from the development of previous Treaty Settlement propelled river documents, for the Rangitāiki and Kaituna Rivers.  The iwi collective Tarawera Awa Aspirations Document sets out clear aspirations for the Tarawera River.  This serves as a useful indicator of the likely broad scope of interested hapu and iwi not represented in the Strategy Group, individuals, stakeholders and industry likely to be affected.  Given the impact the Strategy Document will have on other resource management policy statements and plans and that its contents will eventually lead to regulatory bite, it is anticipated there will be a large extent of community interest.  Consequently, it is important that engagement occurs early and ongoing through the life of this project. 

Assessing the costs and benefits of the Strategy Document will need to evaluate the impacts of dealing with all discharges into the Tarawera Awa and impacts on existing lands and their land-uses from reconnecting the awa back to their original alignment.  These costs will entail quantitative assessments given landowners impacted will likely react strongly to these aspirations and their uncertain impacts.

While the project has a dedicated document writer there is still a lack of a dedicated project manager and/or someone to lead public and community engagement.  Project leadership and resourcing for the Strategy Document is a moderate risk identified at this early inception stage. A dedicated person to lead project management is considered necessary to get the Strategy Document project underway and lead through the consultation phase. A formalised project management approach, and associated stakeholder communications and engagement strategy are necessary for any project spanning a large catchment area. 


 

Other potential risks associated with the development of the Strategy Document are capable of being managed and mitigated through a structured project management approach.  These include typical risks associated with such projects like project scope creep, unrealistic stakeholder/landowner expectations, political & resource management reform, other legal obligations and unexpected interruptions.  

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.

Existing RPS climate change provisions will continue to guide relevant decision-making processes. These are RPS Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’.

3.3      Ngā Pānga ki te Māori
Implications for Māori

The process of developing the Strategy Document marks a significant milestone in the realisation of long-standing aspirations for Ngāti Rangitihi iwi. The purpose and effect of the Strategy Document is enshrined in the Ngāti Rangitihi Claims Settlement Act 2022.  Once developed; the common vision, objectives and desired outcomes of the Strategy Document must be recognised and provided for when preparing, approving, varying or changing relevant regional policy statement or regional plans or any relevant district plans. Resource consents for activities within the Tarawera catchment must also have particular regard to the Strategy Document.

The Strategy Document has significant implications for Ngāti Rangitihi iwi in particular as it gives effect to their treaty settlement legislation and strategic cultural aspirations. It will also have cultural significance to other iwi members namely Ngāti Tūwharetoa, Ngāti Awa and Ngāti Makino. The Tarawera Awa is considered a tupuna and is revered as a living entity.  Statutory acknowledgements exist ki uta ki tai within the Tarawera Awa catchment that recognise the mana of and particularly the cultural, spiritual, historical and traditional associations Ngāti Rangitihi, Ngāti Tūwharetoa and Ngāti Awa have with these specified areas. There are also numerous sites of significance to Māori within and adjacent to the awa and its tributaries, many of which are described in iwi and hapū management plans and the aforementioned statutory acknowledgements.

If existing industries are affected by the new strategy document, Māori who are employed in those industries could be impacted by changes that could result.

3.4      Whakawhitiwhiti ā-Hapori
Community Engagement

There has been no community consultation and engagement to date.  This report signals the need to prepare a communication and engagement strategy given the community (i.e. landowners and persons employed by affected industry) likely to be impacted will be large within the catchment.

3.5      Ngā Pānga ā-Pūtea
Financial Implications

The Crown has provided $788,000 to Toi Moana towards administrating the new Strategy Group and preparing and approving the Strategy Document.  This funding has been received by Toi Moana and is already being drawn upon to fund the planning resource employed to draft the Aspirations Document, then the Strategy. Additional funding is also available for changes to the Bay of Plenty Regional Policy Statement ($188,000) and the Regional Natural Resources Plan ($204,000) in the event out of cycle bespoke policy and plan changes are required. 

Crown funding commitments currently do not extend to costs associated with any non-regulatory implementation of restoration projects, investigations, or action plans; nor the implementation of regulatory policy and plan change provisions.

An immediate financial consideration required is the procurement of a dedicated resource to project manage and facilitate the Strategy Document. This cost can be met from the $788,000 Crown grant. 

4.       Ngā Mahi Whai Ake
Next Steps

Now that the Aspirations document has been completed, it is recommended the Strategy Group focus on preparing the Strategy Document. This requires a dedicated project management lead and public notifying the intention to commence preparation of the Strategy.

The Aspirations Document is a good first step in the process of developing a Strategy Document. It can be used to set the scene for developing the draft Strategy Document and initiate broader community and landowner feedback.

A project manager is still required to lead the project in liaison with the dedicated document writer. A project of this nature requires a dedicated resource to prepare a project plan and communications and engagement plan setting out key timeframes and a process for progressing development of the Strategy Document.

The Group can now publicly notify its intention to commence preparation of the Strategy Document in accordance with the requirements in Section 140(2) of the Ngāti Rangitihi Claims Settlement Act 2022. 

The Strategy Group could also consider how it would like to hear submissions.  For example, will it establish a hearing panel comprising a subset of the Group’s members or will all the Group’s members be involved in the hearings and deliberations? If the Strategy Group decide all members will hear and deliberate on submissions, all members must be willing to commit to attending all hearings and deliberations. While this is not a formal RMA hearing process, we recommend following best practice principles and where possible hearing panel members might consider seeking certification under the Ministry for the Environment’s ‘Making Good Decisions Course’ and that any Chairperson is similarly ‘chair endorsed’.

Tuhinga Tautoko
Attachments

Attachment 1 - Interface between Tarawera Awa Restoration Strategy Document and broader environmental resource management framework.  

 


Tarawera Awa Restoration Strategy Group                                                              7 November 2023

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[1] s134 Ngāti Rangitihi Claims Settlement Act 2022