Under Separate Cover Agenda of Strategy and Policy Committee



Report To:	Strategy and Policy Committee
Meeting Date:	9 April 2024
Report Writer:	Freya Camburn, Senior Policy Analyst and Penny Doorman, Programme Leader - Geothermal
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To update the committee of recommendations of the hearings panel and seek adoption of the final document.

Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan

Executive Summary

Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan (SMP) has been developed to give effect to the Bay of Plenty Regional Policy Statement (RPS). The SMP provides an integrated approach to the management of the Rotorua Geothermal System and ultimately will help inform a change to the geothermal provisions of the Bay of Plenty Regional Natural Resources Plan (RNRP). The SMP has been developed over more than five years, closely guided by tangata whenua, and supported by technical assessments.

The final stage of development of the SMP has involved a three-month public submission period and hearings. Decisions on submissions were made by a Hearing Panel consisting of 3 hau kainga representatives, 3 Bay of Plenty Regional Councillors and facilitated by independent Hearings Commissioner Greg Hill. The Panel has considered all written and oral submissions and deliberated together to reach their decision on changes to the SMP.

Staff are now seeking the adoption of the final SMP subject to making the Panel’s recommended changes.

Recommendations

That the Strategy and Policy Committee:

1 Receives the report, Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan.

2 Approves the Hearings Panel recommended changes to Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan

3 Adopts Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan.

4 Delegates to the General Manager Strategy and Science to approve any final minor edits to Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan, prior to its release.

1. Introduction

The Resource Management Act 1991 (RMA) gives regional councils the role of managing the taking, use, damming and diversion of geothermal water, discharges of geothermal water and gas, and the taking or use of geothermal energy.

The RPS provides overall direction for geothermal management including sustainable management and the categorisation of geothermal systems for different purposes, from Development to Protected. The RPS requires the development of a SMP for certain systems, including the Rotorua System.

Regional Council management over the last 30 years has seen the health of the Rotorua system improve and stabilise, but the SMP is an opportunity to build on these gains, further improve the health of the system, and move towards partnership in management.

1.1 Legislative Framework

Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan has been prepared to give effect to the RPS, and while not prepared under Schedule 1 of the RMA it will be a Council approved policy document developed following Council’s obligations under the Local Government Act 2002. It will be a document that must be specifically considered in resource consent processes, under s104 of the RMA. It will also provide operational guidance, for example in the implementation of Council’s monitoring programmes.

1.2 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
The Way We Work	We look to partnerships for best outcomes.

The purpose of the SMP is to achieve integrated and sustainable management of the Rotorua Geothermal System. The SMP provides clear guidance to inform management decisions, including non-regulatory actions to improve the way we manage the system. At the core of the SMP is partnership with tangata whenua and greater recognition of Mātauranga Māori in decision making.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

High - Positive

¨ Cultural

High - Positive

¨ Social

Medium - Positive

¨ Economic

Medium - Positive

The purpose of the SMP is sustainable management of the geothermal system. The protection of the significant geothermal features and customary practices is central to the SMP and is reflected in its vision Ka ora te mauri o Ngā Wai Ariki o Rotorua – the Rotorua Geothermal system is healthy. The SMP also provides for a joint Governance Group to oversee SMP implementation.

There are many competing values and demands for geothermal (e.g., existing users, home heating, energy sovereignty, community bathing, municipal use, the rights and interests of Māori, the spa and wellness industry etc. All extractive use (regardless of who uses it, or the reasons for use) will have an effect. The SMP points to limits to use of the system and prioritises certain uses above others, with the economic benefit of surface feature protection outweighing the benefits to be gained from use.

2. Finalising the SMP

2.1 Public feedback and hearings process

The Draft SMP was approved for release for public feedback by the Strategy and Policy committee on 8 August 2023. To provide adequate time for the community to make meaningful submissions, a three-month submission period was provided for and commenced in September 2023. During the submission period BOPRC held public drop-in sessions, workshops and meetings.

In total 26 submissions were received, with 9 submitters requesting to present in person to a Hearings Panel. Hearings were held 13 February 2024. The Hearing Panel included 3 hau kainga representatives, 3 BOPRC Councillors and was facilitated by independent Hearings Commissioner Greg Hill.

Submissions and hearings were the last stage of a lengthy SMP development process. The role of the Hearings Panel was to consider all of the submissions received on the draft SMP, some of which were elaborated on at the hearing by those submitters who presented, as well as the views of those who have provided input throughout the development of the SMP.

2.2 Key points raised in submissions

Many of the submissions received supported the broad approach taken in the SMP, and many of the draft provisions. In particular there was support for some of the central themes in the SMP, such as:

· The SMP’s role as a ‘Care Plan’

· The vision of ‘Ka ora te mauri o Ngā Wai Ariki‘

· Tapatoru – the Te Arawa concept of being well

· The Principles of the SMP

· Improved partnership with Māori (governance and management)

· Strategies for protecting the health of the aquifer (e.g. Improved efficiency)

· Protecting and providing for customary practices

· Elevating the role of mātauranga Māori in management of the system

· Ongoing monitoring and research to determine the health of the system; and

· Rāhui and risks management.

Key points of contention considered by the Hearings Panel related to submissions received on:

· The engagement and the policy development process

· Māori rights and interests in geothermal (including development rights)

· Partnership and integrated management

· Customary practices and uses

· Values-based allocation

· System boundaries

· Well maintenance

2.3 Hearings Panel decisions

The Panel considered all written and oral submissions and deliberated together to reach their decisions. The Panel, by a majority (5 to 1) recommended that the BOPRC approves/adopts the SMP. One Panel member Mr Clubb did not support the majority view and recorded his vote against it. His reasons for this are set out in Appendix 3 to the decision report (Attachment 3).

It is noted that in his decision Mr Clubb said he supported some aspects of the SMP, including the protection of the taonga, but could not recommend its adoption by Bay of Plenty Regional Council. His main concerns related to Māori rights and interests in geothermal.

The Panel agreed, given the content of Mr Clubb’s Response, to enable other Panel members (and the Chair) to rebut any of the comments made by Mr Clubb. Those rebuttal statements are included in Appendix 4 to the decision report (Attachment 4)

2.4 Key changes to the SMP

Of the submission points accepted by the Panel many can be addressed by relatively minor amendments to the SMP, while others required more substantive changes. These related to:

· Changes to definitions to clarify that the term customary practices refers to matters addressed in s14(3)(c) of the RMA and is permitted as of right, and is a priority for protection, second only to protection of the ngāwha.

Changes to the values-based allocation priorities, where communal takes by tangata whenua for marae, papakāinga and bathing etc was more clearly stated as a priority. Sustainable use for bathing was also prioritised above energy savings, and reference to commercial uses was deleted. The Panel’s recommended changes have been made and are included in a track changes version of the SMP (Attachment 1). A copy of the Panel’s Decisions Report is also attached (Attachment 2). The Panel’s report provides explanation for changes recommended to the SMP in response to submissions received and also why other submission points were not accepted by the panel. Mr Clubb’s decision is included in Attachment 3 and panel members rebuttal statements to Mr Clubb’s response included in Attachment 4.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this matter.

3.2 Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts.

3.3 Implications for Māori

Council committed to working with tangata whenua early in the SMP development process. The need for meaningful change, in particular a desire to embed a partnership approach in management, was expressed by tangata whenua from the outset. While a Council policy document, the SMP endeavours to provide for a partnership approach in management of the Rotorua geothermal system, and for reflection of te ao Māori and mātauranga Māori in decision making.

It is stressed that the SMP alone cannot deliver on all aspirations of tangata whenua. As such it identifies areas of immediate change, but also signals long term intergenerational aspirations.

3.4 Community Engagement

CO-OPERATE

Mahi Ngātahi

To work closely with affected communities to develop alternatives and recommend a preferred solution.

The Rotorua SMP was developed over more than 5 years and involved considerable community engagement through hui, workshops, community meetings, stakeholder engagement and a public submissions process.

3.5 Financial Implications

There are no material unbudgeted financial implications and this fits within the allocated budget.

4. Next Steps

Staff will update the SMP (Attachment 1) with any final minor edits. The SMP will then be made available on Council’s website and its adoption communicated to those that have participated in the development process and to the wider public. Implementation of the SMP can then begin.

Attachments

Attachment 1 - Ngā Wai Ariki o Rotorua He Mahere Whakahaere Pūnaha - Rotorua Geothermal System Management Plan ⇩

Attachment 2 - Decisions report Rotorua System Management Plan ⇩

Attachment 3 - Frederick Clubb response ⇩

Attachment 4 - Panel rebuttal statements ⇩