Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority

Membership

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

Purpose

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

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

Role

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

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

· To support integrated and collaborative management of the river.

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

§ to monitor the state of the river environment

§ to monitor the effectiveness of the management of the river

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

· To provide advice and recommendations to local authorities:

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

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

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

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

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

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

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

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

Decision Making

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

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

Power to Act

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

Power to Recommend

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

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

Te Maru o Kaituna River Authority Minutes

4 August 2023

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 4 August 2023, 10.30 am

Venue: Whakaue Marae, 721 Maketū Road, Maketū

Heamana

Chairperson: Dean Flavell (Tapuika Iwi Authority Trust)

Heamana Tuarua

Deputy Chairperson: Cr Matemoana McDonald (Bay of Plenty Regional Council Toi Moana)

Ngā Kopounga

Members: Tapuika Iwi Authority

Geoff Rice (Alternate)

Te Pumautanga o Te Arawa Trust

Rawiri Kingi (Alternate)

Rotorua Lakes Council

Cr Lani Kereopa

Western Bay of Plenty District Council

Cr Andy Wichers

Cr Grant Dally (Alternate)

Informal Members: Te Komiti Nui o Ngāti Whakaue

Maru Tapsell

Bay of Plenty Regional Council Toi Moana

Cr Jane Nees

Te Hunga i Tae Ake

In Attendance: Bay of Plenty Regional Council Toi Moana: Pim de Monchy – Coastal Catchments Manager; Jo Watts – Senior Planner (Water Policy); Margaret Courtney – Senior Advisor; Rawiri Bhana – Senior Advisor (Treaty); Anna Dawson – Land Management Officer; Tegan Arnold – Land Management Officer; Shari Kameta – Committee Advisor; Jenny Teeuwen – Committee Advisor

Western Bay of Plenty District Council: Deputy Mayor John Scrimgeour; Katy McGinity – Senior Policy Analyst; Elva Conroy – Consultant

External: Roana Bennett – Ngāti Whakaue; Raewyn Bennett – Ahi Kaa Maketū; Peter and Rititia Kerr - Ahi Kaa Maketū; Mokoera Te Amo – Te Kapu o Waitaha; Scott Stephens – Chief Scientist for Coasts and Estuaries, Danielle Johnson – Social Scientist, and Paula Holland – Environmental Economist - NIWA; and several members of the Maketū community.

Ngā Hōnea

Apologies: Cr Te Taru White (Bay of Plenty Regional Council Toi Moana), Nick Chater (Lakes Community Board), Commissioner Shadrach Rolleston (Tauranga City Council), Commissioner Bill Wasley (Tauranga City Council), Nicki Douglas (Te Tahuhu o Tawakeheimoa Trust), Piki Thomas (Te Pumautanga o Te Arawa Trust)

1. Karakia Whakatuwhera
Opening Karakia

The Chair, Dean Flavell, acknowledged the karakia from Kahi Hanara in the Whakaue Kaipapa Marae Wharenui during the powhiri.

2. Chair’s Opening Statement

The Chair, Dean Flavell, formally opened the hui, acknowledged those in attendance, and thanked Ngāti Whakaue for hosting the hui. He advised that the hui would not be recorded.

3. Ngā Hōnea
Apologies

Resolved

That Te Maru o Kaituna River Authority:

1 Accepts the apologies from Cr Te Taru White, Nick Chater, Commissioner Shadrach Rolleston, Commissioner Bill Wasley, Nicki Douglas, and Piki Thomas for absence tendered at the meeting.

McDonald/Nees

CARRIED

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

None declared.

5. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Te Maru o Kaituna River Authority Minutes - 19 May 2023

Resolved

That Te Maru o Kaituna River Authority:

1 Confirms the Te Maru o Kaituna River Authority Minutes - 19 May 2023 as a true and correct record.

Rice/McDonald

CARRIED

6. Whakaaturanga
Presentations

6.1

Local Community Climate Change Adaptation Planning

Presented by: Roana Bennett - Ngati Whakaue, on behalf of the local community

Presentation: Maketu Climate Change Adaptation Plan (includes video link): Objective ID A4446053

Key Points

· The Maketū Climate Change Adaptation Plan project was a major kaupapa for Maketū.

· The project had received $15,000 from the Bay of Plenty Regional Council’s (Regional Council) Community Led Climate Change Adaptation Fund.

· The vision was that the Maketū community was prepared for, could adapt, and would be resilient to a changing climate.

· “Our why” included the flooding of Little Waihī and the Kaituna River, beach cliffs slipping, and the risk of flooding of the Whakaue Marae.

· Provided overview of the project’s five interconnected strategic priorities – Haumarumaru (Security and self-sufficiency), Te Puna Mātauranga (Collective knowledge and wisdom), Manaaki Kāinga (Caring for our home), Manaaki Whenua (Caring for our lands), and Manaaki Wai (Caring for our waters).

· Outlined the values which underpinned everything – Rangatiratanga/Self-determination, Kotahitanga/Collective action, Tikanga/Practice, Māramatanga/Collective enlightenment, Manaakitanga/Collective care, Kaitiakitanga/Safeguarding our future, and Whānaungatanga/ Connectivity.

· Listed the priority projects. The approach would be to work/partner with councils and central government to achieve these.

· The project had received two awards from the 2023 New Zealand Planning Institute (NZPI) Awards – Best Non-statutory Plan, and the Overall Supreme Award. The judges’ vote had been unanimous.

In Response to Questions

· The funding received from Regional Council had been important to start the project, but most of the work carried out to date had been through volunteers.

Key points – Members

· It was important to clearly understand the values outlined.

· Every community needed to undertake this work.

· Congratulations were extended to the Maketū community for the project.

· It was suggested that the community submit and present to the upcoming Regional Council’s Long Term Plan.

7. Whakahoutanga Kōrero
Verbal Updates

7.1

Chairperson's Update

Presented by: Chair, Dean Flavell

Presentation: Ahi Kaa Maketu: Objective ID A4443400

The Chair advised that there was no Chairperson’s update, but as part of this item, there would be a presentation from Raewyn Bennett on behalf of Ahi Kaa Maketū, and a brief verbal update from Elva Conroy – Consultant, Western Bay of Plenty District Council (WBOPDC) on the Waka Landing project.

Presentation – Raewyn Bennett - Ahi Kaa Maketu

Key Points

· Provided a definition of ahi kaa being “continuous occupation by tangata whenua”.

· The Maketū Ahi Kaa were a mix of different iwi.

· Provided evidence of the assertion of ahi kaa kaitiakitanga, using the Waitangi Tribunal (WAI) 676 claim (1997).

· The Maketū Ahi Kaa’s main focus was sustaining their culture.

· Suggested that Regional Council work with the Maketū Ahi Kaa to address their concerns, let them be the decision makers for their estuary, let them be the kaitiaki, practice their kaitiakitanga and develop their future kaitiaki, and enable them in developing their màtauranga.

Verbal Update on Waka Landing Project – Elva Conroy – Consultant, WBOPDC

Key Points

· The Waka Landing project was part of Project 11 of Te Tini a Tuna (Kaituna Action Plan) – to enhance access to the Kaituna River.

· The project was looking for opportunities for access to the water for waka launching, swimming, fishing, as well as for monitoring purposes.

· Areas of focus were the Kaituna River from Paengaroa area downstream, and the Waiāri Stream from the water treatment plant south.

· Over the coming months, iwi, hapū, marae, and others undertaking projects in the area, would be contacted for input/feedback.

· Project progress would be reported back to the November meeting of Te Maru o Kaituna River Authority.

8. Ngā Pūrongo
Reports

8.1

Te Maru o Kaituna River Authority Annual Report and Budget

Presented by: Pim De Monchy – Coastal Catchments Manager

Key Points - Members

· It was proposed that funding be considered for He Toka Tū Moana Mo Maketū (Maketū Climate Change Adaptation Plan) project.

The following amendment was PUT:

Resolved

That Te Maru o Kaituna River Authority:

1 Contributes $5,000 to the He Toka Tū Moana Mo Maketū (Maketū Climate Change Adaptation Plan) project, and reduces the proposed $10,000 contribution towards other projects in Te Tini a Tuna by $5,000.

Kereopa/Nees

The amendment was CARRIED

The substantive motion was PUT.

Resolved

That Te Maru o Kaituna River Authority:

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

2 Adopts the attached 2022/23 Annual Report;

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

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

Item	Budget
Implementation of Project 3: Consented takes and discharges	$4,000
Implementation of Project 9: Pataka Kai (noting co-funding available)	$4,000
Implementation of Project 10: Community Connection	$4,000
Implementation of Project 13: Kaituna Cultural and Historic Heritage	$4,000
Contribution towards other projects in Te Tini a Tuna, such as the restoration fund	$5, 000
Lawrence Oliver wetland project	$5,000
Waiāri swimming site access improvement	$5,000
Giant kokopu translocation?	$500
He Toka Tū Moana Mo Maketū (Maketū Climate Change Adaptation Plan)	$5,000
TOTAL	$36,500

Nees/Rice

CARRIED

8.2

Essential Freshwater Policy Programme Update

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

Margaret Courtney – Senior Advisor Te Amorangi

Key Points

· Community engagement was continuing with feedback closing at the end of September.

· There had been a good response to hui ā rohi to date and a second round of hui would be scheduled for September, where all co-governance iwi members and their organisations would be invited.

· The hui ā rohe incorporated the opportunity for mātauranga Māori input, rather than only focussing on freshwater management issues.

· There was an open invitation for tangata whenua to provide feedback, and all feedback/input was welcomed.

· A planning methodology to support Kaupapa Māori into the future was outlined in Attachment One to the agenda report for this item. This methodology had been presented to Regional Council’s Strategy and Policy Committee at their meeting on 16 May 2023 and had been endorsed by the Committee.

Key Points - Members

· Suggested that Regional Council staff took the opportunity to speak with Raewyn Bennett to reach understanding and agreement on what her community wanted.

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the report, Essential Freshwater Policy Programme Update.

Kingi/Nees

CARRIED

8.3

May - July 2023 Te Maru o Kaituna Quarterly Report

Presented by: Pim De Monchy – Coastal catchments Manager

Key Points

· The Quarterly Report included updates for the projects in Te Tini a Tuna (Kaituna Action Plan) for the period May to July 2023.

· The report would be presented six monthly going forward.

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the report, May - July 2023 Te Maru o Kaituna Quarterly Report.

McDonald/Tapsell

CARRIED

9. Karakia Kati
Closing Karakia

A karakia was provided by Mr Paruhiterangi O’Callaghan.

11.55 am – the meeting closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	24 November 2023
Kaituhi Pūrongo: Report Writer:	Jo Watts, Senior Planner (Water Policy) and Margaret Courtney, Senior Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Kaupapa: Purpose:	To provide Te Maru o Kaituna River Authority an update on freshwater policy work underway in the Kaituna co-governance area and continued invite to be involved

Essential freshwater policy programme update

Whakarāpopototanga
Executive Summary

The Essential Freshwater Policy Programme (EFPP) is Toi Moana - Bay of Plenty Regional Council’s work programme to implement the National Policy Statement for Freshwater Management 2020 (NPSFM) and review freshwater related chapters of the Regional Policy Statement (RPS), and the Regional Natural Resources Plan (RNRP). Tight timeframes are necessary to achieve notification of freshwater changes no later than December 2024 as required by legislation.

This report briefly updates Te Maru o Kaituna (TMoK) on feedback received during the April to September freshwater engagement period relevant to the Kaituna co-governance area and sets out the next steps. Next steps include the opportunity for Māori and targeted stakeholders to provide advice to Toi Moana on the draft RPS & RNRP freshwater changes during January – March 2024.

TMoK members and their organisations are encouraged to promote participation and provide any feedback to inform the freshwater policy programme as they see fit. A key message from Toi Moana is that staff are keen to engage with tangata whenua at any point of the process. There remains an open invitation for conversations and hui towards gaining a better understanding of how Te Mana o te Wai can be implemented in the Bay of Plenty, and in this case particularly for the Kaituna.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1. Receives the report, Essential freshwater policy programme update.

1. He Whakamārama
Background

This year’s focus is on continuing to involve tangata whenua (including developing the ‘portals’ approach discussed at your August hui), face to face and online community engagement from April – September 2023, considering feedback received and now drafting Regional Policy Statement (RPS) and Regional Natural Resources Plan (RNRP) freshwater changes at pace.

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

2. Programme update

The programme’s focus in 2023 is primarily on community engagement, involving tangata whenua, and developing draft policy options before Toi Moana decides what changes to propose and notify publicly in late 2024.

Following tangata whenua and community feedback, the Toi Moana team is working on the draft RPS and RNRP freshwater changes, options evaluation (s32 assessments), and the planning methodology to support kaupapa Māori into the future.

Toi Moana staff will be seeking approval to release draft RPS & RNRP freshwater changes to iwi organisations and targeted stakeholders including tangata whenua, co-governance groups (including TMoK) and territorial authorities during January – March 2024. The draft will be “in principle”, as Toi Moana can only set policy direction formally after completing engagement and evaluations.

Releasing draft freshwater changes early next year enables Toi Moana’s statutory responsibilities to be met, while also provides enough time for advice received to be genuinely considered when working up the proposed RPS & RNRP freshwater changes for Toi Moana consideration in late 2024. It is important to note that no decisions have been made or will be made by Toi Moana about what proposed freshwater changes to publicly notify in December 2024 until late 2024.

3. Freshwater feedback summary

Toi Moana’s Strategy and Policy committee received the Essential Freshwater Community Engagement Summary at their meeting on 31 Oct 2023. The report and extensive attachments maybe of interest to TMoK members and their organisations are available here. Attachments include a region wide summary of hui a rohe activity and feedback, community attendance at freshwater event and interests represented, demographics of responses and well as key feedback themes. An estimated 530 people attended 35 drop-in events across 12 freshwater management units between April 26 and 30 September. Feedback was received from more than 390 contributing individuals.

3.1 Kaituna specific engagement

Toi Moana staff sought Kaituna specific feedback on material in the Kaituna FMU story booklet and also options for:

· retirement of lowland farmland around Maketu estuary;

· stock exclusion and riparian setbacks; and

· restrictions on steep land.

Four public events were held specifically on freshwater management in the Kaituna Freshwater Management Unit (FMU) - two at the Te Puke War Memorial Hall (Sat 6 May 10 – 2pm & Fri 15 Sept May 2pm – 5pm), one at Whakaue Marae, Maketu (Thur 29 June 2pm – 7pm) and also an online session (Fri 4 Aug 12pm – 1.30pm).

Approximately 45 attended those events and 26 provided feedback specific to the Kaituna FMU. Most of the attendees were from the farming community (dairy & kiwifruit), some industry reps, Te Puke residents and environmental advocates.

In addition to the region wide feedback, Kaituna FMU specific feedback generally agreed with the Kaituna FMU boundary, acknowledging its alignment with the Kaituna co-goverance area boundary. The majority of Kaituna feedback about visions preferred the Option B vision statement, with a couple of exceptions. There is a mixed view on current water quality. Concerns were raised about overfishing, effects of climate change, further urbanisation impacts on water quality and demand, and a desire for more water storage and filtering through wetlands.

3.1.1 General tangata whenua feedback

Key themes from general tangata whenua freshwater engagement (i.e., not limited to the Kaituna FMU) relate to desired process outcomes or concerns include:

· Tangata whenua inclusive decision-making throughout;

· Tangata whenua capacity and capability building;

· Mātauranga data sovereignty;

· Mahinga kai value articulated in the planning context;

· How the effects from permitted activities will be managed;

· The increasing municipal water demand;

· Tangata whenua being denied water take;

· Questions about water allocation methodology;

· Kaitiaki monitoring and projects on rivers/wetlands/lakes restoration;

· Using natural methods for mitigating effects, and

· Funded restoration efforts, such as through user pays.

Comments about the desire for a closer relationship with rivers, well-cared-for mahinga kai sources, and prosperity within the sustainable limits are closely aligned with values expressed in Kaituna he taonga tuku iho – a treasure handed down - the Kaituna river document.

Further details are available in attachment one of item 8.1 – Essential Freshwater Community Engagement Summary, of the 31 October 2023 Strategy and Policy Committee meeting - Summary of Hui-ā-Rohe activities and feedback.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this update.

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. Toi Moana will consider climate change impacts as part of implementing the NPSFM and reviewing the regional plan (RNRP).

4.3 Ngā Pānga ki te Māori
Implications for Māori

Consultation with Māori will inform the decisions of Toi Moana and achieve outcomes for te taiao that benefit present and future generations. Te Hononga (Regional Māori Engagement Plan for implementing the NPSFM 2020) enables a flexible approach incorporating several strategies to engage when Māori are ready to do so.

The tight statutory timeframe with notification in December 2024 continues to present challenges for Māori engagement across the region. Staff are contending with multitudes of competing priorities faced by Māori entities who have limited resourcing. Post central government election policies are unknown and may further distract Māori participation in freshwater management.

There is opportunity for Māori to provide advice on the draft RPS and RNRP freshwater changes during January – March 2024.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

This report summarises the key themes from the April – September 2023 tangata whenua and community engagement and outlines next steps. As outlined above there is opportunity for Māori to provide advice and targeted stakeholder to provide feedback on the draft RPS and RNRP freshwater changes during January 2024 – March 2024.

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

Toi Moana is obliged to implement the NPSFM. This work will also assist with delivering TMoK’s vision, objectives, and desired outcomes in Kaituna, he taonga tuku iho – a treasure handed down – the Kaituna River Document enabled by the Tapuika Claims Settlement Act 2014.

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

4.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no financial implications for TMoK associated with this report. This engagement fits within the Toi Moana EFPP allocated budget.

5. Ngā Mahi Whai Ake
Next Steps

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

2. Toi Moana will:

· Consider tangata whenua and community engagement feedback received to date when drafting freshwater changes at pace,

· Continue detailed planning for released of draft RPS & RNRP freshwater changes to iwi organisations, involved tangata whenua and targeted stakeholder in early 2024. This will include Māori, councils, members of RESOF, key stakeholder organisations, and participants from this phase of engagement.

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