Agenda of Monitoring and Operations Committee

Monitoring and Operations Committee 11 June 2024

Monitoring and Operations Committee

Open Minutes

Commencing: Tuesday 5 March 2024, 9.30 am

Venue: Totara Room, Whakatāne District Council, 14 Commerce Street, Whakatāne and via Zoom (Audio Visual Meeting)

Chairperson: Cr Kevin Winters

Deputy Chairperson: Cr Ron Scott

Members: Cr Stuart Crosby (via Zoom)

Cr Toi Kai Rākau Iti

Chairman Doug Leeder

Cr Matemoana McDonald (via Zoom)

Cr Jane Nees

Cr Paula Thompson (via Zoom)

Cr Lyall Thurston

Cr Andrew von Dadelszen

Cr Te Taru White (via Zoom)

Cr Kat Macmillan

Cr Malcolm Campbell

Cr Ken Shirley

In Attendance: Reuben Fraser – General Manager, Regulatory Services, Chris Ingle – General Manager, Integrated Catchments, Namouta Poutasi – General Manager, Strategy and Science, Pim
de Monchy – Coastal Catchments Manager, Presenters – as listed in the minutes, Amanda Namana – Committee Advisor

Apologies: None

Please note: This meeting was livestreamed and recorded and can be accessed on Council’s YouTube channel: Monitoring and Operations - 5 March 2024 (youtube.com)

1. Order of Business

Agenda Item 7.3 - Tauranga Moana Biosecurity Capital Incorporated presentation was considered prior to Agenda Item 7.2 - Kaituna Re-Diversion and Maketū Estuary, to accommodate the availability of presenters.

2. Declaration of Conflicts of Interest

None declared.

3. Minutes

Minutes to be Confirmed

3.1

Monitoring and Operations Committee Minutes - 30 November 2023

Resolved

That the Monitoring and Operations Committee:

1 Confirms the Monitoring and Operations Committee Minutes - 30 November 2023 as a true and correct record.

Scott/Campbell

CARRIED

4. Presentations

4.1

NZ Landcare Trust Update

Presentation: NZ Landcare Trust Update: Objective ID A4616904

Presented by: Nardene Berry - Waikato Regional Coordinator/North Island Team Leader (via Zoom) and Fran van Alphen – Bay of Plenty Catchments Groups Coordinator – NZ Landcare Trust (via Zoom)

Key Points:

· The Catchment Group Coordinator role commenced in 2022 to provide coordination support to key catchment groups to improve their vision, uptake and opportunities, and assist them to be sustainable over time

· Supported Waiōtahe Water Care Group backyard planting days, developing community engagement opportunities and funding applications to the Ministry for Primary Industries (MPI) catchment extension services programme fund

· The Coordinator role was vital to the Nukuhou and Waiōtahe catchments, particularly with meeting timelines

· A key focus of the role was to act as a conduit for sourcing funding and collaboration between Regional Council and the catchment groups

· Networking and maintaining relationships with other agencies was also important

· The role was still gaining momentum, and was funded until 2028 through MPI, after which longer term funding would be required.

In Response to Questions:

· Needed to ensure that care group work was aligned with the science and research being undertaken in each catchment.

Resolved

That the Monitoring and Operations Committee:

1 Receives the presentation, NZ Landcare Trust Update.

Nees/Thurston

CARRIED

4.2

Tauranga Moana Biosecurity Capital Incorporated

Presentation: Tauranga Moana Biosecurity Capital: Objective ID A4616895

Presented by: Dr Beccy Ganley - Plant & Food Research - Science Group Leader and Co-Chair, supported by Greg Corbett – Biosecurity Manager

Key Points:

· Tauranga Moana Biosecurity Capital Incorporated’s (TMBCI) focus was on:

o Regional biosecurity collaborations

o Covering all biosecurity issues that threatened New Zealand’s environment or economy

o Building capability across the network

· Along with having the largest port in the country, the Bay of Plenty had some of the largest primary industries, unique biodiversity and potential for a large number of high risk invasive species

· Outlined the projected economic impacts of biosecurity incursions to the region, including losses to tourism and export industries

· A key aspect was engaging with schools and communities

· It was important to gain community understanding of rāhui, and the reasons and value for doing this, when they were put in place

· Described how to differentiate between the native brown shield bug and the brown marmorated stinkbug (BMSB).

In Response to Questions:

· The BMSB was of major concern - previous detections in New Zealand were able to be contained and managed, but the potential cost to industries was significant and early detection was critical

· There were chemical sprays that could be applied to combat Myrtle Rust, but regular use created a different set of environmental issues. Conservation of seed was a key part of control - breeding for resistance could also be effective.

Resolved

That the Monitoring and Operations Committee:

1 Receives the presentation, Tauranga Moana Biosecurity Capital Incorporated.

Nees/Thurston

CARRIED

4.3

Kaituna Re-Diversion and Maketū Estuary

Presentation: Spit Erosion and Breaching - Lower Maketū Estuary: Objective ID A4616880

Presented by: Jim Dahm - Coastal Scientist, Eco Nomos Ltd (via Zoom), supported by Pim de Monchy – Coastal Catchments Manager

Key Points:

· The presentation focused on spit erosion and breaching in the lower Maketū Estuary

· A number of breaches had been caused over time by the tidal current cutting into the back of the spit, typically during storms. These generally repaired themselves over a number of years but caused disruption to boat users’ navigation and kaimoana gathering

· Showed the effect of the re-diversion on lower estuary hydrology. Since the re-diversion, erosion was of more concern on the seaward side of the spit as it occurred faster than the landward side

· In the event of another significant coastal storm, there was concern that a breach could reoccur, causing significant disruption to the harbour and taking years to naturally restore. Preventative action was strongly suggested by pushing up sand from the beach to build a higher dune

· Since the potential breach was so far advanced it may not be possible to stop, however efforts to manage it (using natural protection) held a low cost with high potential benefits

· Monitoring of the situation would continue and if a breach was likely then further measures could be considered

· Hoped that the re-diversion would reduce the frequency of future breaches.

Key Points - Members:

· Noted the vulnerability of settlements and marae in the area and highlighted the need for them to be prepared.

In Response to Questions:

· The distance of sand dune to be pushed up was approximately 120 metres

· Although the proposed interim solution had not yet been designed or costed, it would typically cost approximately $20k-30k

· Climate change would affect the seaward side by exacerbating existing erosion as sea levels rose

· A tangata whenua collaboration group had been established during the consenting phase of the re-diversion project and were broadly supportive (as were the community) of the option to push up sand on the spit if it was determined that there was an acute risk of a breach.

Resolved

That the Monitoring and Operations Committee:

1 Receives the presentation, Kaituna Re-Diversion and Maketū Estuary.

Nees/Thurston

CARRIED

5. Reports

5.1

Chairperson's Report

Presentation: Harbourmaster - Whakatāne bar calling: Objective ID A4616874

Presented by: Reuben Fraser – General Manager, Regulatory Services and Jon Peters – Harbourmaster

Key Points:

· The practice of the Whakatāne bar calling had been in place for many years and today many things had changed, creating a number of additional risks and factors involved with this process:

o Safety concerns – the bar was called at 7am and conditions would significantly change following the call

o Miscommunication concerns

o Concerns around differing capabilities of individual vessels and skippers dependent upon the conditions

o Nowhere else in the country had kept the practice of calling the bar

o There were now a superior range of tools and technologies available that skippers used most prevalently to ensure the bar was safe to cross. These included live weather and tide updates, Coastguard live bar cameras and wave buoys

· Due to these concerns and the significant risk factors present, the Harbourmaster made the operational decision to cease the process of the calling of the Whakatāne bar, commencing from 1 March 2024

· The Harbourmaster was working closely with the Coastguard and local radio station 1XX to appropriately communicate the changes to the community

· The lighted bar pole would remain in place for the Harbourmaster to use for closing the bar in extreme weather conditions or when otherwise necessary.

Key Points - Members:

· Encouraged the Harbourmaster to write letters of thanks for employees’ service over the time they had been tasked with calling the bar

· Emphasised the dynamic nature of the bar and reiterated that each skipper held the ultimate responsibility for crossing it and ensuring the safety of everyone on board

· Expressed concern over observing a lack of lifejacket wearing by those crossing the bar

· Strongly encouraged supporting the Coastguard for ongoing monitoring and other future requirements in this space.

10:45 am - Cr Shirley withdrew from the meeting

10.52 am – The meeting adjourned.

11.10 am – The meeting reconvened.

5.1

Chair's Report (Continued)

Presented by: Karen Parcell – Team Leader Kaiwhakatinana and Marion Henton – Senior Regulatory Project Officer

Key Points:

· Outlined the third interim decision announced by the Environment Court and estimated there were approximately 120 land owners affected by the new rules

· Provided a Rotorua Airshed update:

o Standards had not been breached for more than four consecutive years

o Winter enforcement of wood burners included working with homes that were unable to change out heating without assistance e.g. vulnerable communities, to find a solution

o New particulate matter (PM) standards were potentially being introduced by central government which would change how airsheds were monitored. These standards would change from monitoring PM10 to PM2.5, which were substantially finer particles. At present, the standards for PM10 were being met, however there was more work required to reduce PM2.5 in the airshed.

Key Points - Members:

· Expressed frustration for neighbouring businesses at the high threshold for issuing abatement notices and prosecuting, when they were responsible for their employees’ health.

In Response to Questions:

· Rotorua was a gazetted airshed and would remain so after five consecutive years without exceedances

· Rules in the Regional Air Plan and Rotorua Air Quality Control bylaw still applied

· PM2.5 was the size of the particles and would predominately come from wood smoke at the Rotorua airshed location

· All wood burners produced smoke, the more modern ones were designed to reduce the amount of smoke they emitted. Ultra-low emission burners were proving successful across New Zealand

· Warmer Kiwi Homes grants were restricted to owner occupiers

· All Rotorua Kāinga Ora tenants were now in compliant homes

· Odour complaints were particularly challenging to prove when there are multiple potential odour sources, however staff continued to respond and monitor all complaints received.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

Winters/Thurston

CARRIED

5.2

Coast Care - External programme review and beach user survey results

Presentation: Coast Care Update: Objective ID A4611724

Presented by: Rusty Knutson – Land Management Officer and Coast Care Regional Coordinator, supported by Pim de Monchy – Coastal Catchments Manager

Key Points:

· Outlined the background of Coast Care and the Beach Users’ Survey, including key findings that beach users:

o Had consistent results during surveys over time

o Did not support any coastal protection methods resulting in loss of sandy beach area (even if this protected coastal property)

o Supported restriction and enforcement of vehicle access to beaches

o Supported all council ratepayer funding for the Coast Care restoration programme

o Valued beaches for natural beauty/wildlife, as well as being safe places for children, families and education - supported collaboration in protecting these values.

Key Points - Members:

· Supported the majority of the recommendations provided in the Coast Care External Review, but to exercise caution in the implementation regarding volunteers.

In Response to Questions:

· Defined ‘vehicles’ as being any motorised user on the beach, including but not limited to cars, 4WD, quad bikes, motorcycles etc.

· The Coast Care Review recommendation relating to focusing more on community and less on schools was considered to be less relevant to the Bay of Plenty region, where the programmes were executed differently than in other regions

· Due to increasingly large storm events, a conscious decision had been made to support funding partners with frontal dune restoration to provide protection to the buildings and infrastructure, as well as the dune system itself.

11:55 am - Cr Leeder withdrew from the meeting.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Coast Care - External programme review and beach user survey results;

2 Notes the key recommendations made by the Coast Care external review panel;

3 Notes the key findings of the 2023 Beach User Survey.

Macmillan/Campbell

CARRIED

5.3

Taihuarewa Takutai - University of Waikato Coastal Chair's Report

Presentation: Coastal Chair's Update: Objective ID A4615651

Tabled Document 1 - Coastal Chair's Report 2020-2021 (draft): Objective ID A4615191

Tabled Document 2 - Coastal Chair's Report 2021-2022 (draft): Objective ID A4623209

Tabled Document 3 - Coastal Chair's Report 2022-2023 (draft): Objective ID A4623208

Tabled Document 4 - Professor Battershill Study Leave Application 2022: Objective ID A4615187

Tabled Document 5 - Coastal Sediments and the darkness at noon: Objective ID A4615188

Presented by: University of Waikato Professor Chris Battershill, supported by Rob Donald – Science Manager

Key Points:

· Financial sections of the tabled reports were yet to be completed

· Provided a brief coastal science update with a focus on marine biosecurity and biotechnology

· Raukokore Marine Research Centre was successfully launched in collaboration with Te Whānau-ā-Apanui in September 2023, with a focus on educating rangatahi about kaimoana restoration and providing internship opportunities in this space

· Internships were increasing, as were the post-graduate group. The University was considering moving some undergraduate work to Hamilton

· Unusual deeper reef communities in the Bay of Plenty had been discovered to have subtropical sponges in juvenile phases. These

were important to commercial fish species but were found to be under stress

· Black kina were out-competing native kina in many parts of the country and iwi/hapū were noticing a severe reduction at many locations

· Addressing the stressors on these environments required a focus on actionable mitigation methods e.g. controlling nutrients coming off land and sedimentation issues, as opposed to weather events and other uncontrollable factors

· Provided photographs from Te Whānau-ā-Apanui, highlighting sedimentary discharges from the Raukokore River

· Noted concern over the persistent appearance of white sharks, particularly around the northern part of Tauranga Moana - disturbance within the food chain was being considered as a potential factor

· An integrated spatial planning tool was being developed to look at linkages between land use and dynamics of the harbour in catchments

· Explored ‘Blue2Green’ - Solutions for the sea that may have applications on land, particularly for agriculture

· Developed an independent State of the Environment report to assess the environmental effects of the proposed expansion of Port of Tauranga shipping channels and wharves

· Outlined key issues from the Environmental Hearing which now required further work

· Noted there were species in the Tauranga Harbour that occurred nowhere else on earth, including the blue ‘sneezing sponge’

· The condition and trends of the harbour environment were being monitored, along with opportunities for ethical, culturally appropriate enhancements for kaimoana

· Turret Road – developers were interested in looking at ‘living walls’ and restoring the estuary area and enhancing diversity

· An international collaboration opportunity had arisen for indigenous-led science with Flinders University in Adelaide, Australia which potentially had important implications for New Zealand research and Mātauranga-led science.

Key Points - Members:

· Highly commended the groundbreaking mahi undertaken with the transitional relationship between matāuranga Māori and western science, the application in bringing it all together and future international opportunities that may arise

· Supported being advised of any opportunities to provide assistance in progressing this work

· Expressed concern over ongoing issues with the declining health of the Ōhiwa Harbour despite long term efforts to combat them, including riparian planting and other measures implemented over time.

In Response to Questions:

· Addressed members’ concern over moving the undergraduate programme to Hamilton, noting that recruitment of undergraduates would be critical to keeping the programme in Tauranga, expensive living conditions were also a factor

· The tender for establishing the Sulphur Point facility had been successful and would enhance green space, hold a public aquarium and cultural centre, as well as several amenities

· Rāhui systems were dynamic and could be shifted around to address issues surrounding over-fishing. Influencing fishing technology could also provide some solution

· Assessing White sharks’ eating habits could be helpful in understanding whether they were changing and why e.g. starting to target species closer to shore, and potential reasons for this.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Taihuarewa Takutai - University of Waikato Coastal Chair's Report;

2 Writes a letter of support to the Waikato University Administration for the marine facility at Sulphur Point and the work of Professor Battershill, also identifying the value and importance of his work undertaken with rangatahi in the East Coast, particularly at Raukokere.

Scott/Campbell

CARRIED

5.4

Climate Change Quarterly Report

Presented by: Nic Newman – Climate Change Programme Manager

In Response to Questions:

· There were a number of circular economy initiatives undertaken by Bay of Connections which contributed to climate goals, the future for work in this space was dependent upon final direction provided in the Long Term Plan

· Staff would investigate what the uptake had been for the Life’s a Beach initiative and report to a future meeting

· The Climate Change Science Kit was apolitical and focused only on the underlying science and science-based solutions

· Whilst Futurefit was a good tool, the challenge for many people was in looking at their own lifestyles and making change.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Climate Change Quarterly Report.

Nees/Macmillan

CARRIED

5.5

Ōhiwa FMU Land Management Update

Presentation: Ōhiwa Land Management Operations Update: Objective ID A4616841

Presented by: Sami Fox – Land Management Officer and Jackson Efford – Principal Advisor, Land and Water

Key Points:

· Provided an update on water quality in the catchment, highlighting the priority contaminant status of e-coli and sediment. Both required high scale change to meet the draft National Policy Statement for Freshwater Management (NPS-FM) targets and environmental outcomes

· The Ōhiwa catchment was steep and highly erodible, modelling found sediment sources to be 75% from landslide, 17% from channel banks and 8% from surficial erosion

· The Nukuhou River was not part of a rated river scheme, therefore financial resource to address the issues was limited

· Displayed a map showing that the majority of properties in the catchment had environmental programmes in place

· There were 13 Care Groups around Ōhiwa Harbour, protecting thousands of hectares of land

· The Ōhiwa Harbour catchment was home to many diverse fish and bird species including kiwi and threatened species of fish/shellfish.

Key Points – Members:

· Ōhiwa Harbour tributaries had a unique and sensitive receiving environment and solution options needed to be diverse and flexible.

Key Points – Chris Ingle, General Manager, Integrated Catchments:

· Noted that other funding mechanisms could be used for bank protection that had not previously been considered for this purpose.

In Response to Questions:

· Good management practice across farms could reduce e-coli/sediment levels by approximately 15%, and would require a combination of regulatory levers, potential land use change and other mitigations.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Ōhiwa FMU Land Management Update;

2 Recommends a report to a future Strategy and Policy Committee meeting providing further information on the health of the Ōhiwa Harbour and viable options for mitigation measures.

Iti/Macmillan

CARRIED

5.6

Rates Collection Update

Presented by: Charlie Roddick – Rates Engagement Team Leader, Whenua Māori Engagement and Relations (via Zoom)

In Response to Questions:

· Rates rebate schemes through central government were run by Territorial Local Authorities and home owners needed to occupy their property for longer than six months and one day (e.g. permanent location), otherwise they did not qualify for a rates rebate.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Rates Collection Update.

Iti/Scott

CARRIED

1.46 pm – the meeting closed.

Confirmed

Cr Kevin Winters

Chairperson, Monitoring and Operations Committee



Report To:	Monitoring and Operations Committee
Meeting Date:	11 June 2024
Report Authoriser:	Reuben Fraser – General Manager, Regulatory Services

Chairperson's Report

Executive Summary

This report provides an update on key matters of interest for Monitoring and Operations Committee members including:

· Regulatory Compliance

· Resource Consents

· Mount Maunganui Industrial Air

· Rotorua Air Quality Programme

· Freshwater Farm Plans

· BOPRC Support for Waikato University activities in Coastal Bay of Plenty

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

1. Purpose

The report provides an update on key matters of interest for Monitoring and Operations Committee members.

2. Matters of Potential Interest

2.1 Regulatory Compliance Update

2.1.1 Enforcement

For this reporting period (1 February 2024 – 16 May 2024), Regional Council has issued 35 abatement notices (169 for the year to date) and 20 infringement notices (70 for the year to date), totalling $13,700 ($46,000 for year to date) in fines in relation to breaches of Regional Plan rules and/or Resource Consent conditions. Over this reporting period abatement, notices were for a range of activities and predominately require the cessation of discharges to land and air. Eleven abatement notices were to cease burning prohibited materials; two Infringements were served for breach of abatement notices; thirteen were for discharge of contaminants to land or air.

Over the last reporting period we have had three more cases before the courts and are awaiting sentencing decisions. One case was for the discharge of sediment from earthworks for a kiwifruit development. The second case was a discharge of farm dairy effluent. The third was for a discharge from a failing septic tank. In all three cases we were represented by our in-house Counsel Hayley Sheriden who has been instrumental in getting some great outcomes from our prosecutions.

2.1.2 Pollution Hotline and Complaints Response

· 614 service requests were received for the period 1 November 2023 to 31 January 2024. This equates to an average of seven jobs per day. 35% of service requests were received after-hours.

· 619 service requests were received for the period 1 February to 30 April 2024. This equates to an average of seven jobs per day. 32% of service requests were received after-hours.

· Air quality concerns continue to dominate pollution hotline reports with 32% of all service requests reporting odour and 25% reporting smoke. 24% related to concerns regarding water and land.

· 50% of all service requests related to issues within the Tauranga City area.

· 20% of service requests were substantiated (i.e., a confirmed breach of the Resource Management Act (RMA), a Regional Plan, or a National Environmental Standard).

· 91% of service requests were actioned within one day. 95% were actioned within three working days.

· Eight urgent service requests were received during this period and all were actioned within 12 hours of receipt of the initial call.

· Compared to the same three-month period last year, 7% fewer service requests were received during February-April this year.

Figure 1: Service request distribution by TA locality for the period 1 Feb to 30 Apr 2024

Figure 2: Service request numbers for the period 1 Feb to 30 Apr; 2023 v 2024

2.1.3 Forestry Compliance Update

Bay of Plenty Regional Council are part of a national working group of Regional and Unitary Authorities working together to build a consistent approach to forestry monitoring and compliance. Staff attended a workshop in May for the first national forestry audit. This approach is looking to build on the previous work done for farm dairy effluent compliance. Councils supplied compliance field sheets and supporting photos in advance, to be peer reviewed and audited by the other Regional Councils. Direct feedback was provided, and a full audit report will be circulated detailing overall trends and improvements. The workshop was also an opportunity to hear about some of the RMA prosecutions from Tairawhiti and lessons for compliance work. The working group is proving to be a very productive way on developing best practice and agreeing on consistent interpretations of the new National Environmental Standard – Commercial Forestry.

2.1.4 Te Rāhui Herenga Waka – Whakatāne Boat Harbour Update

The Chairman and Chief Executive attended a partner’s hui on the 13^th March 2024 in Whakatane. At this meeting, the key project partners re-confirmed their commitment to the project. Following this meeting, the Regional Council Chairman sent a letter to the project Chairman John Rae, highlighting Regional Council’s concerns with emerging project risks and its overall viability.

Regional Council declined certification of Version 6 of the Site and Soil Contamination Plan (SSCMP) on 5^th April 2024. This was because it did not describe in sufficient detail the methods to minimise potential discharges of contaminants to the environment. Therefore, it did not comply with the resource consent.

Version 7 of the SSCMP was received by the Bay of Plenty Regional Council on 6^th May 2024 and is currently being reviewed. If the SSCMP is certified, Regional Council will then finalise the bond quantum. It was decided to review the bond amount considering the new information resulting from the testing that Regional Council partly funded. The scale and extent of the contamination on site is now considerably higher than when the first bond amount was calculated.

Regional Council has received all necessary technical information to satisfy the requirements for a Flood Protection Bylaw Authority and this has been granted in principle. A condition of receiving their Bylaw Authority, the applicant must settle all related invoice(s). These have not been paid yet and so Regional Council is withholding the Bylaw Authority.

Staff continue to investigate the viability of the Regional Council’s Kopeopeo Canal containment cells for use by the project. A consent would be needed to introduce any new contaminated material into either CS1 or CS3 containment cells.

Certification of the SSCMP, Bylaw Authority and payment of the bond are the three final aspects that need to be settled before work can commence on Stage 1 of the project.

2.1.5 Dairy Effluent Snapshot 2023/2024

The Dairy Effluent Snapshot Report for the period 1 October 2023 – 5 December 2023 is included as Attachment 1.

2.2 Resource Consents Update

2.2.1 Customer Satisfaction Survey

Since July 2023 108 responses to the customer satisfaction survey have been received. The link to the online survey is provided to consent applicants a week after they receive their consent decision. The individual survey responses are anonymous unless a participant wants to be contacted and supplies their contact details. Of the responses received, 96 (88%) of participants advised that they were satisfied or very satisfied with the service.

2.2.2 Consents of Interest

The direct referral Environment Court hearing for the Allied asphalt plant (Aerodrome Road, Mt Maunganui) resource consent application was held in the week commencing 13 May 2024.

The consent hearing for Ballance’s discharge to the harbour (Mt Maunganui) was held in March 2024. At the hearing, Ngāti Kuku requested that the application be put on hold so that it could be considered at the same time as the replacement air discharge consent which is due to expire in 2028. Jacob Steens (Senior Consents Planner) suggested that instead of putting the application on hold, a short duration consent could be granted with the expiry to coincide with the air discharge consent. After the hearing, the applicant asked for processing to be suspended for them to undertake further consultation with Ngāti Kuku. The application processing is due to resume in July 2024.

The following consent applications are being processed under the Covid-19 Fast-track process:

· Taheke Geothermal proposal for a geothermal power station,

· Summerset Retirement Village Rotorua, Fairy Springs Rd,

· Pitau Multistorey Retirement Village at Mt Maunganui, and

· Ngongotahā residential development.

A joint hearing with Western Bay of Plenty District Council on the Te Puna Industrial Ltd consent application is scheduled for June 2024. This is later than the originally planned March hearing to enable the applicant to address traffic safety issues.

The Rotorua Lakes Council’s application for the Comprehensive Stormwater Consent was notified last year and five submissions were received. A hearing is scheduled for November 2024.

Te Huata 10,000 ha marine farm application was notified last year, and 11 submissions were received. The applicant is working to resolve opposition and fill information gaps.

Southern Generation’s application to remove debris islands and dredge the Rangitāiki River upstream of Lake Aniwaniwa to alleviate flooding was notified last year and nine submissions were received. A pre-hearing meeting was held to try to narrow issues and a hearing was held in May 2024. An interim decision to grant the consent has been released.

The application from Eco-Rakau forestry for works to divert the Wainui Stream in Tōrere for the purpose of reinstating a Māori roadway was notified to Ngāi Tai Iwi Authority and the Tōrere Reserves Trust. The proposed works are adjacent to and within an urupa reserve. A submission in support of the proposal was received from the chairperson of the Tōrere Reserves Trust and an opposing submission was received from the deputy chairperson. The consent hearing was held on 13 May and the consent has been granted.

The Lawter application for replacement consent to discharge to air at Mt Maunganui was notified last year and 48 submissions were received. The hearing is scheduled for September 2024.

Appeal mediation for the Ōpōtiki marina is on hold whilst the hapū prepare Cultural Impact Assessments.

The Whanarua Bay community water supply appeal has been resolved. Rachel Boyte (BOPRC Legal Counsel) led the mediation which resulted in a good outcome and a significant cost saving in legal fees.

Consent was granted to Genera for fumigation at the Port of Tauranga and subsequently appealed by submitters. A tentative Environment Court hearing has been set for November 2024.

Whakatāne District Council’s comprehensive stormwater consent application for Whakatāne township has been publicly notified. Submissions close 19th June.

2.2.3 Legislative Changes

The Fast-track Approvals Bill submission period has closed with approximately 27,000 submissions received. Approximately 2,900 submitters asked to be heard and 1,100 will be heard. BOPRC have presented their submission to the Environment Select Committee with Doug Leeder providing a brief summary and Rachel Boyte (BOPRC Legal Counsel) and Ella Tennent (BOPRC Consents Manager) answering questions from the committee. Within the Bay of Plenty there have been six consent applications through Fast-track (Covid-19 Fast-track) with mixed results. The new Bill has greater potential consequence than the previous Fast-track process due to the proposal to require that all Fast-track applications are granted and with the role of the regional plans and regional policy statement being downgraded. The new Bill also widens what types of proposals could be considered through Fast-track.

Further legislative changes from central government were received in May 2024 with the release of the Resource Management (Freshwater and Other Matters) Amendment Bill. The Bill is to change the National Environmental Standards for Freshwater (NES-F) to remove the regulations regarding intensive winter grazing and change the definition of critical source area in the Freshwater Farm Plans regulations, changes to s104 and s92 of the RMA to exclude the consideration of the Te Mana o Te Wai hierarchy, and changes to provide for coal mining in the NES-F, National Policy Statement for Freshwater Management (NPS-FM) and the National Policy Statement for Indigenous Biodiversity (NPS-IB).

In the Bay of Plenty there is relatively little intensive winter grazing and so removing that regulation is not expected to have a noticeable impact in the region. The Te Mana o Te Wai hierarchy in the NPS-FM has not made a significant change to the consideration of consent applications in our region as the regional plan already puts the health of the waterbody first and we do not have widespread significantly degraded waterbodies. Accordingly, the removal of it from the consenting process is not material for our region. The Bill also removes the regulations that require fencing of wetlands, lakes and rivers (>1m wide) from beef cattle and deer on low slope land and extends the date for publicly notifying district plan changes for new Significant Natural Areas to 2030 (NPS-IB). The Bill will allow National Policy Statements to be developed and changed faster.

Last year, MPI commenced consultation with councils regarding an extension to the duration of marine farm consents and are now consulting on a similar proposal for Ports. Legislation to provide for consent duration extensions has not yet been released. The proposed extension to marine farm consents would result in the Ōhiwa Oyster Farm having permits of more than 80 years duration. The other marine farm in the region is Whakatōhea’s open ocean mussel farm. The Regional Coastal Environment Plan is enabling of open ocean aquaculture and there is also a National Environmental Standard for replacement consents for marine farms. Accordingly, staff do not consider that the consenting process is onerous in the Bay of Plenty, but a consent duration extension would allow pre-RMA consent to persist without robust consent conditions for another 20 years. If extensions are provided, we consider it is important that the legislation provides for consent condition reviews. The Ministry for Primary Industries has also begun consultation on potential changes to the National Environmental Standards for Marine Aquaculture.

Two recent court decisions regarding a plan change in Southland and consent in Canterbury have changed common understanding and practice around discharges to land and water, which may have a significant impact on plan development and consenting, particularly for diffuse discharges and replacement discharge consents. As a result, changes to section 70 and 107 of the RMA are being considered. Appeals have been lodged on both decisions.

2.3 Mount Maunganui Industrial Air Update

The Mount Maunganui Airshed (MMA) was gazetted as a polluted airshed under the National Environmental Standards for Air Quality (NESAQ) Regulations 2004, coming into effect in November 2019. The gazetting was based on breaches of the limits for fine particulate matter, PM10. As per the regulations, five continuous years with no NESAQ PM10 breaches must be recorded for the polluted status to be reviewed.

This report covers the period from 1 February to 1 May 2024 and covers the range of activities and teams involved in working to minimise the impacts of air pollution in the Mount Maunganui Airshed (MMA).

2.3.1 PM10 monitoring and exceedances in the current financial year

Whilst year on year the number of PM10 breaches recorded has shown a reducing trend, we have yet to record a year since the airshed was gazetted with no breaches of the NESAQ regulations. The 2022/23 financial year was the most improved since monitoring and data collection began with just two breaches of PM10 standards detected (one permitted under the legislation) and to date in the 2023/24 financial year, three breaches have been recorded. These have all been very location specific and able to be attributed to activities occurring near a specific monitor. In two cases the cause was a forklift operating on an unsealed site within a few meters of the monitoring site, and the third was a boat being sanded, again within a few meters from the monitoring location. These breaches are not symptomatic of widespread dust pollution across the entire airshed but more indicate how localised activities can impact on our monitoring data.

In these cases, we have worked with the business / industry involved to ensure they continue to be aware of the locations of our monitoring network and undertake appropriate dust suppressant measures when work is being undertaken in the vicinity of the monitors.

We have also moved the monitor that was in De Havilland way and repositioned this on Ranch Road, to the east of the Mount Maunganui College playing fields. So now apart from the network of 11 clarity indicator monitors in the residential area, we are also operating a reference (high quality data) Schedule 2 monitor measuring total suspended particulate matter (TSP), PM₁₀[1], PM_2.5[2] and meteorological data.

2.3.2 Mount Maunganui Air Quality Working Party

An interactive facilitated workshop for the Mount Air Quality Working Party was held on 27 March 2024. The primary focus was to determine whether the current members of the working party assessed the group as having a positive impact on air quality in the Mount Maunganui Airshed (MMA) – for which all the members agreed there had been some impact from the group, ranging from ‘minimal’ to a ‘mostly positive’ impact.

The membership was also asked to vote on whether there was value in keeping the Working Party active moving forward for which there was unanimous support. Resulting from this vote, the group looked at the current Terms of Reference and worked on a refresh of the groups mission statement, vision, representation, and responsibilities. There were also discussions around appointing a new independent Chair following the resignation of Graeme Marshall. BOPRC are currently actively recruiting for a new chair of the group with the aim that the new chair be appointed prior to the next working party hui, scheduled for late June.

2.3.3 Pollution Hotline Complaints Response

From 1 February to 1 May 2024, 28 service requests were received through the Pollution Hotline relating to air quality within the Mount Maunganui Airshed. 100% of these service requests related to odour.

Odour from the two asphalt plants in the Mount Industrial area continue to be an issue for the community with 13 of the 28 complaints reporting bitumen smells.

57% of the service requests related to generic odours that were not attributed to a particular source site or activity.

All urgent calls were responded to within 12 hours and non-urgent calls responded to within three working days. No breaches of the Resource Management Act 1991 were confirmed.

2.3.4 Odour and pro-active monitoring

Proactive odour monitoring has been underway at several sites within the Mount Maunganui airshed for approximately 18 months. Odour complaints continue to be the largest cause of calls to the Pollution Hotline and cause a higher level of health concerns amongst Mount residents than other pollutant discharges. Some residents associate exposure to odours as a direct contact with potentially dangerous chemicals.

The intent with the proactive monitoring is to build a picture of the times of day that certain odours are more prevalent and the locations that odours emanate from, as well as the activity types they may be associated with. The key odorous activities monitored are bitumen manufacturing, fibreglass coating, food and cooking oil manufacturing, stock food storage and transportation (primarily palm kernel, tapioca and molasses), sulphur dioxide discharges and fuel storage facilities.

Proactive monitoring during this period has not resulted in any non-compliance or confirmed breaches of the Resource Management Act 1991 being identified.

2.3.5 Enforcement

Two abatement notices were issued relating to activities taking place in the Mount Maunganui Airshed between 1 February and 1 May 2024.

· Ballance Agri-Nutrients Limited was issued with an abatement notice requiring it to cease breaching condition 8.2 of resource consent 64800[3]. The notice related to failure to carry out stack testing on the acid plant during the month of October 2023 as required by the consent.

· Ballance Agri-Nutrients Limited was issued with an abatement notice requiring it to cease breaching condition 7.9 of resource consent 64800. The notice related to exceedances of the sulphur dioxide discharge limits specified by the consent on 9, 12 and 13 October 2023.

During this period, three infringement notices were served for activities within the Mount Maunganui Airshed.

· Ballance Agri-Nutrients Limited received three infringement notices for discharging sulphur dioxide to air in exceedance of the limits specified in its resource consent on three separate dates (9, 12 and 13 October 2023). Each notice was issued for breaching section 15(1)(c) of the Resource Management Act 1991 which carries a penalty fee of $1,000 per notice. All notices have been paid.

Infringement fees for specific offences are set by the Resource Management (Infringement Offences) Regulations 1999.

2.3.6 Consents

There are several applications that are currently being processed in the Mount Maunganui area and new applications are anticipated following recent Court decisions. A summary of where in the process each of the applications are at, is outlined below:

Allied Asphalt

Allied Asphalt have applied for a new consent for their site in the Mount Maunganui industrial area. The proposal is to install a new plant in the Mount which is proposed to reduce emissions. The application was publicly notified in May 2023 and 83 submissions received. The applicant requested direct referral to the Environment Court. Court assisted meditation took place on 14 February 2024 and the Environment Count hearing was held on 13 – 17 May 2024. A decision is pending.

Genera Limited

The consent granted to Genera Ltd for the discharge fumigants (methyl bromide, phosphine and Ethanedinitrile (EDN)) to air was appealed on 27 October 2023 by Clear the Air Trust and Tauranga Fumigant Action Group. Court assisted mediation between the parties took place on 28 February 2024 and a judicial conference was held with Judge Kirkpatrick on 23 April 2024. The Judge has agreed to allow time for the appellants to engage experts to review the application and proposed conditions. A second conference date has been set for 26 June 2024 to discuss the way forward. The Judge has also set a preliminary date for a Court hearing to take place in the week starting 4 November 2024.

Lawter

The application for discharge to air was publicly notified on 17 November 2023. Forty-seven submissions have been received and a hearing date has been set for 9-10 September 2024.

Waste Management

Still awaiting further information requested.

The Port of Tauranga

The Environment Court has issued an Interim Decision in relation to the Port of Tauranga (POTL) Stella Passage proposal which relate to different parts of the overall proposal for the extension of the wharfs and dredging of the channel:

1. Sulphur Point, Stage 1: In this interim decision the Court granted consent for Stage 1 of the Sulphur Point wharf extension (within the already consented area of dredging), subject to certain matters being addressed to the Court’s satisfaction, including scoping a Southern Te Awanui Harbour Health Plan, a management structure for meaningful kaitiaki relationships, kaimoana surveys at Te Paritaha, a state of the environment report, visual simulations relating to landscape effects on Whareroa. A six-month deadline was proposed for some of this work which is due mid-2024. Stage 1 was identified by POTL as the most urgent constraint on capacity.

2. Sulphur Point, Stage 2: Consent has not been granted for Stage 2 of the Sulphur Point extension and the Court envisages a reconvened hearing on this matter once the further information relating to this part of the proposal is available.

3. Mount wharf extension: Consent has also not been granted for the Mount wharf extension at this stage. This is based on an interim finding that adverse cultural cumulative effects on Whareroa Marae have not been adequately addressed. A reconvened hearing is envisaged once this issue has been addressed.

The applications and technical documents for all notified applications can be found on the BOPRC Website: www.boprc.govt.nz/environment/resource-consents/notified-applications-submissions-and-hearings/notified-applications

2.3.7 Policy Matters

In February 2023, the Environment Court released its interim decision on the appeal to Rule AQ R22 of Plan Change 13 – Air Quality (PC13) pertaining to Bulk Solid Material (BSM) handling in the Airshed. The PC13 interim decision identified unsealed yards as the largest remaining unaddressed contributor to PM10 and noted the intent to direct Council (under s293 of the Resource Management Act) to make changes to PC13 to control PM10 emissions from unsealed yards in the Airshed.

A second interim decision was released on 20 October 2023 which directed Council to commence a plan change to control emissions from unsealed yards in the Airshed, in line with the February interim decision.

In November 2023, staff commenced an informal feedback process for PC13 – s293 (Unsealed Yards), and for a new, Court-directed, iterative management policy (Policy 12) for all activities discharging PM10 to air in the Airshed.

PC13 – s293 and Policy 12 were notified on 15 January 2024.

For the s293 unsealed yards provisions, the following parties were directly notified:

· Site owners and operators of unsealed yards (including Tauranga City Council, who also have an interest in the stormwater implications of the plan change).

· The s274 parties involved in the existing PC13 appeal for BSM handling, including Toi Te Ora and Ngāi Te Rangi.

For Policy 12, holders of, and applicants for, air discharge consents in MMA were directly notified. Due to the MMA-wide nature of the policy, it was also publicly notified to allow the public to also make a submission.

To ensure that the unsealed yards owners/operators and the public had sufficient time to consider the proposals, having not had the same involvement in the process as those parties involved in the PC13 appeal for BSM handling, an extended submission period, until 30 April 2024 was allowed.

By the close of the formal submission period, 11 submissions were received. Four submissions were for Policy 12, three for PC13 - s293 while the remaining submissions addressed both topics. Nine of the 11 submitters indicated that they wished to be heard.

Council staff will now update the provisions based on the submissions received and lodge a post-consultation version of the plan change with the Court. As the s293 process is part of the PC13 appeal, it is the Court that will decide on changes to PC13. The hearing is to be held from late June 2024.

The release of the interim decision for the PC 13 appeal and the need to ensure consistency within the Regional Natural Resources Plan means there has been no change to the development of the high-level framework of provisions for Plan Change 18 – Mount Maunganui Airshed (PC18). However, the interim PC13 decision has given Council staff direction on the likely final form of the s293 provisions to inform PC13, which will in turn shape the approach to PC18.

This third interim decision is to be treated as the final findings of the Court and the rules are deemed to be operative. The Final Decision will only be issued after the s293 process on unsealed yards is finalised. This decision brings into effect an interim permitted activity rule for three years (ending 11 February 2027) for BSM handling. All BSM operators within the Mount Maunganui Airshed are expected to apply for a Certificate of Compliance in relation to this rule in the interim and apply for a consent prior to the end of the interim permitted activity period. No applications have been received to date.

2.3.8 Communications

During this reporting period the following updates and actions were completed by the Communications team.

The BOPRC engagement tool, Participate, was updated to support the feedback process directed by the Environment Court on PC13.

Two media releases were distributed:

· Mount Maunganui air quality most monitored in the country

· New, stricter air quality rules for the Mount

The quarterly newsletter was distributed in May and can be viewed online at www.boprc.govt.nz/mount-industrial .

Staff answered follow up media queries by BOP Times to the ‘New, stricter air quality rules for the Mount’ media release.

Staff provided a copy of the Higgins resource consent to Freeman media.

Staff answered a media enquiry by BOP Times regarding the joint commissioning of an independent review of the Toi te Ora Health Risk Assessment with Tauranga City Council so both councils can understand how the findings within the Toi Te Ora report can further support current work programmes or whether they might require further assessment.

The full independent review report is included as Attachment 2.

2.4 Rotorua Air Quality Programme Update

2.4.1 2024 Rotorua Airshed winter enforcement of Airshed rules on non-complying solid fuel burners

Compliance staff are out in the field enforcing the Rotorua Air Plan rules and identifying non-complying solid fuel burner use again over the 2024 winter months.

The figures below are abatement/infringement notices served per property address (not per individual) to date for the last three years of this enforcement phase of the project.

Year	Abatement Notices served	Infringement Notices served	Warning Letters served
2022	33	0	0
2023	52	5	2
2024	7	1	0
TOTALS	92	6	2

NOTE: Abatement Notices do not incur fines (but remain in-place and current).

When an Abatement Notice is served, staff engage with owners to progress compliant heating. If an owner-occupier is unable to fund replacement heating, and they qualify for EECA’s Warmer Kiwi Homes funding, the Regional Council funds the 20 percent top-up. Staff are still finding rental properties where landlords have not supplied a form of compliant heating. In these instances, the landlord is usually abated (not the tenants). There is no funding assistance for landlords. Infringement notices (fines) are only served for repeated, deliberate use of a non-complying burners.

2.4.2 Rotorua Airshed Ground-truthing of Dispersion Modelling (PM_2.5, PM₁₀)

BOPRC and NIWA are working together and have installed a network of Clarity low-cost indicator sensors across the Rotorua Airshed. These sensors are the same as the ones installed in the Mount Maunganui residential area and will remain in place for three months.

Information received from the monitors will be used to ground truth recent dispersion modelling. Additionally, the Clarity monitors will identify hot spots and/or concentrations of particulate matter (smoke) which will be useful for future winter enforcement programmes. The Clarity data will be integrated into meteorological and emission dispersion modelling. When this work is completed and collated, staff will be able to model different scenarios for achieving the Government’s proposed PM_2.5 standards. This will support future policy work.

2.4.3 Mangakakahi industrial audits (for dust management and stormwater discharges)

Regulatory Compliance staff are currently distributing flyers/letters to Mangakakahi industrial site owners advising of upcoming audits as part of the Compliance Team’s ongoing Pollution Prevention programme.

2.5 Freshwater Farm Plans Update

The coalition Government has undertaken to review the Freshwater Farm Plan (FW FP) system with a view to:

- Reducing regulatory burden by creating integration pathways.

- Providing farmers with greater flexibility to find the right freshwater management solutions for their farm and catchment area.

- Enabling catchment-level solutions and empowering local communities.

- Reviewing FW FP certification and audit requirements to reduce unnecessary costs while supporting farmers and growers in developing robust plans.

- Reducing duplication for farmers and growers.

Bay of Plenty Regional Council staff are contributing to collective Regional Sector feedback on the review and will work to identify potential areas where improvement could be made to the system such that aligned advice can be sent to ministers.

Policy development work at BOPRC continues to consider the role of FW FPs to achieve water quality improvements (both through nationally regulated FW FP and possible regional additions that may be required). Staff plan to discuss the role of farm planning further with Council at the Strategy & Policy farming rules workshop scheduled for the 25^th of June.

Nationally, the following set of DRAFT principles are proposed to help guide regional/unitary councils in their discussions with industry groups. These principles have not been individually endorsed by each regional/unitary council, but they reflect advice received by the regional chief executives from the wider regional sectors’ subject matter experts and its Resource Managers Group.

Purpose of the FW FP system:

Proposed purpose: To drive and demonstrate genuine, effective on-farm action to reduce the impacts of farming on freshwater.

1. National framework:

The national framework sets the fundamental basics that should be consistent across NZ while recognising catchment contexts, i.e., the national framework is set by regulation but with flexibility to reflect risk, and it should be practical, efficient, clear, and unambiguous.

2. Risk-based – Plan content:

The system requires a risk-based approach to identifying and prioritising action on the farm. This implies that the content of a FW FP should reflect on-farm risk, and the obligations on low-impact, low-risk farms will be limited to demonstrating compliance with good management practice.

3. Risk-based – Thresholds:

Thresholds for the size of properties to be subject to the regulations are set to ensure effective management of cumulative effects within a catchment and efficient determination and administration of compliance with the regulations. This would suggest nationally consistent thresholds.

4. Risk-based – Timeframes:

The frequency of re-certification reflects relative risk, and audit frequency reflects both relative risk and past compliance.

5. Risk-based – Turn-on times:

Regional/unitary councils have the flexibility to determine roll-out timing within a given timeframe to ensure resources are applied in areas of highest risk.

6. Credible assurance:

Through certification and audit mechanisms, the system demonstrates appropriate action to markets, industry organisations, communities, and regional councils.

7. Recognition of existing industry and regional plans:

Enables fair and reasonable transition times that recognise existing farm plans and investment, and the capacity and capability of farmers and growers to implement these plans and meet the new system's requirements.

8. Integrate with regional planning:

The FW FP system integrates with requirements (limits, rules, standards etc) included in regional plans to achieve regional water quality outcomes.

9. Farm Data:

Councils have access to sufficient secured FW FP data to monitor compliance with the regulations and the system's effectiveness.

10. Farmer ownership:

The implementation of the FW FP system builds farmers' trust, confidence, and adoption into "normal" farm business.

11. Costs and efficiency:

The system review seeks efficiencies in processes to minimise costs on farmers and ratepayers and be fairly distributed.

12. Continue investing in the FWFP system:

An enduring system across time requires training, data, and tools investment.

The following key FW FP messages are also available:

Te Uru Kahika (Regional Sector) FWFP Key Messages

• Regional Government sees farm plans as a useful tool for primary producers to manage on-farm risks to freshwater and give assurances to consumers, communities, and regulators.

• We collectively welcome the opportunity to help shape improvements to the current freshwater farm plan system.

• We share the desire for freshwater farm plans to be flexible and proportional to the level of risk to freshwater from the farming and growing activities in the location where they are being undertaken.

• We know that a meaningful freshwater farm plan system with national-level consistency and regional nuance will be a step forward for New Zealand, benefiting freshwater outcomes and our reputation as world-class food producers.

• We’re pleased that this Government backs farm plans as a useful tool in the toolkit and look forward to working with them on the design and implementation of an improved system.

Central Govt FWFP Key Messages

• The coalition Government intends to improve freshwater farm plans, so they are more cost effective and practical for farmers.

• The changes aim to enable farmers and growers to find the right solutions for their farm and catchment.

• Farm plans should identify environmental risks and plan actions to manage those risks, taking into account property and catchment factors.

• The time and cost of completing a farm plan needs to match the level of risk.

• Freshwater farm plans need to be seen as a trusted and robust alternative to local rules and resource consents.

• There is work underway to integrate existing farm environment or industry assurance plans into the freshwater farm plan system.

• The certification and auditing requirements are also being looked at.

• In areas where freshwater farm plans have already started, the Government may look at whether requirements to complete a FW-FP within 18 months could be paused pending changes.

Regional and unitary council FWFP Key Messages for Farmers/Growers

• We want to see a farm planning system that is practical and cost effective while supporting improved freshwater outcomes.

• Part of this is targeting our efforts to the areas of greatest risk, while also managing wider cumulative effects of farming and growing activity on freshwater in a catchment.

• We will continue to work with Government and industry to achieve this through improvements to the current regulatory freshwater farm plan system.

• In the meantime, Government has advised we continue with work as per the current system, taking a light touch approach to implementation given change is coming.

• Even though we don’t have all the answers yet, we are looking forward to working alongside rural communities to implement a New Zealand farm environment planning system that better meet the needs of farmers and growers and provides environmental assurance.

• We will keep advocating for the needs of our region, work through what any changes mean for us locally once more is known, and keep you informed. Keep an eye on our freshwater farm plan webpage on our website for updates.

2.6 BOPRC Support for Waikato University Activities in the Coastal Bay of Plenty

A copy of the letter from Councillor Winters to Professor Neil Quigley in support of the Waikato University Activities in the Coastal Bay of Plenty is included as Attachment 3.

Attachments

Attachment 1 - Dairy Snapshot 2023-24 ⇩

Attachment 2 - Health Review Mount Maunagnui Airshed ⇩

Attachment 3 - BOPRC Support for Waikato University Coastal Activities ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	11 June 2024
Report Writer:	Jon Jon Peters, BOP Harbourmaster/Manager and Jules Taylor, Maritime Officer II
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	Inform Monitoring and Operations Committee

Maritime Operations Summer Initiatives

Executive Summary

Maritime’s Summer initiatives are delivered by Regional Council’s Maritime Officers and Patrol Team with funding assistance from Maritime New Zealand’s Fuel Excise Duty (FED) funding program.

The initiatives focus on Safer Boating and are designed using both local and nationally gathered data via the New Zealand Safer Boating Forum, through the Maritime New Zealand (MNZ) IPSOS and No Excuses reports and surveys and Recreational and Commercial craft fatality and incident reports[4].

Our initiatives aim to improve the attitudes and behaviours of the boating public and increase the knowledge and skillset of those taking to the water on any type of craft and in doing so help those using the waterways in our region come home safe every day. People taking to the water on unseaworthy craft, in unsuitable weather conditions and without adequate equipment and knowledge are significant contributing factors to harm.

In addition to on water and shore-based education and compliance, the programme incorporates advertising, educational material creation and social media content as well as presentations to groups and water sport clubs. A dedicated Iwi Safer Boating initiative is also run across the region to address the over representation of Māori in our fatality statistics.

49% of the general public go boating in some form and with the Port of Tauranga Limited (PoTL), New Zealand’s largest and fastest growing port handling one third of all NZ’s cargo, 40% of NZ’s exports and half of all NZ’s shipping containers (PoTL stats 2024) it’s imperative we continue to work closely and collaboratively with the sector to ensure freedom of navigation.

This report provides an update on the activities undertaken throughout the 2023-2024 summer season along with other notable achievements from the operational team.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Maritime Operations Summer Initiatives.

1. Introduction

The maritime summer initiatives are designed to address the key risk factors that contribute to recreational and commercial craft accidents, incidents and fatalities to reduce the harm and ultimately save lives. They focus on influencing a change in behaviour via both education and enforcing compliance with safer boating practises. This is achieved using legislation, enforcement of our bylaw, safety awareness campaigns, boat ramp and on water signage and the creation of educational materials delivered around our region.

Māori and Pasifika communities are overrepresented in fatality statistics relative to their on-water participation numbers and Māori have a higher participation in boating and paddle craft use in the Bay of Plenty than in many other regions. A dedicated iwi initiative is delivered to communities that have had limited access or funding for safer boating education in the past.

The key issues that continue to present themselves within the Bay of Plenty region include:

• Failure to wear or carry a correctly fitting or suitable personal floatation device

• Failure to carry suitable communication equipment to call for help

• Speed of vessels

• Towing without an observer

• Failure to check the marine weather forecast and tides before venturing out onto the water or across a bar.

• Lack of skipper knowledge around the “rules of the road at sea” and collision prevention[5]

• Lack of skipper knowledge around the Moving Prohibited Zone[6] and impeding the navigation of shipping.

• Lack of Reporting around Accidents and Incidents.

The promotion of key Safer Boating messages is delivered using BOPRC branded collateral at boat ramps, delivery to marine retail outlets, campsites, boating clubs, Lake and harbour patrols, and advertising via social media and billboards and through the enforcement of our bylaws.

Removal of unseaworthy craft from circulation is vital. As the maritime team’s business as usual and part of MNZ’s Recreational Craft Strategy, we employ a robust and efficient process for removal of unseaworthy vessels from our waterways. This saw the removal and disposal of three vessels using the Maritime Transport Act (MTA) and three more vessels were removed by their owners after a Harbourmaster Notice of wreck was delivered and the relevant processes followed.

To safeguard the Bay of Plenty harbours, rivers, and lakes, its users and the environment, the maritime team regularly maintain 800 aids to navigation (buoys, beacons and markers) and over 100 Safer Boating signs.

With more common severe weather events and floods, the ability to relocate, recover and replace moorings and navigational aids in a timely and efficient manner has become a priority. A fleet of fit-for-purpose vessels and a team of professional trained staff gives the maritime us the capability and capacity to complete their tasks.

1.1 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
Freshwater for Life	We recognise and provide for Te Mana o Te Wai (intrinsic value of water).
Safe and Resilient Communities	We support community safety through flood protection and navigation safety.
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We continually seek opportunities to innovate and improve.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

2. Initiatives undertaken during summer 2023/2024

2.1 Lake and Harbour Patrol Teams

Summer in the Bay of Plenty is extremely busy for our maritime team with visitors and locals alike using our rivers, harbours, and coastal waters.

Our contracted lakes and harbour patrol team are employed from Labour weekend to King’s Birthday weekend, and seven days a week over the peak holiday season to deliver safer boating education, enforcement of our bylaws and gather data on the boaties using our waterways via an MNZ survey.

Supporting them from the shore, our summer students provide safer boating education at boat ramps and onboard vessels as trainee crew members and survey collection. They also provide administrative assistance to the maritime officers for infringements with downloading videos taken on water as evidence for breaches.

The summer initiatives were delivered by 30 patrol crew and five students onboard six vessels and at boat ramps across the region. 520 on water patrols were completed producing 400 breach of bylaws and 150 infringements. Data gathered from the 1150 MNZ Safer Boating surveys completed help us paint a picture while informing and measuring our recreational craft harm prevention work and related compliance activities, allowing evidence-based decision making for next season. General education was completed across the region for interactions with those not breaching bylaws or completing the MNZ Survey.

In a change from previous seasons, the team delivered the MNZ Safer Boating survey. This now aligns our data gathering with all other Regional Council maritime teams nationally. As the second busiest region for recreational boating, MNZ and our team now have access to utilise this data and assist in influencing the Safer Boating Forum’s Recreational Craft Strategy along with understanding who uses our waterways, where and what they know.

The season was noticeably quieter than expected and comments from the patrol team and community indicate that in some areas compliance with the rules is showing improvement.

Speed of vessels close to shore, three to ski / towing safely and impeding ships entering the Tauranga harbour continue to be issues, but with more and consistent visibility on the water, educational campaigns and enforcement, we do change behaviours.

High lake levels in Rotorua this year resulted in boaties displaced to other locations and lakes, changing the shape of focus for patrols for the area.

Work related with Golden Clam diluted some of the focus on Safer boating education and enforcement as the team navigated the ever-changing Golden Clam status and controlled area notice (CAN) requirements for our lakes. Collaboration with the biosecurity team and Te Arawa Lakes Trust (TALT) during the season enabled us to support the education of the community in this space.

2.2 MV Achillies Bulker

On July 24^th 2023 the fully laden ship suffered steering failure due to losing its rudder when departing Tauranga Harbour. She was assisted by tugs to a safe anchorage and an exclusion zone put in place. The ship owner was keen to stay at anchor and sail, but this posed a serious Navigation Safety Risk. A Harbourmaster Direction was issued to the ship to come alongside. A Local survey company and the pilot launch were able to retrieve her rudder from the seabed. The ship was arrested via a court order and the Harbourmaster used to carry out the arrest by the court officers. She was subsequently unloaded, a Risk assessment completed and finally made ready for departure. The MV Achillies Bulker safely departed Tauranga, undertow for China on 4th January 2024 supported by the POTL pilot launch, tugs and three Harbourmaster vessels.

2.3 Kia marutau ki te wai – Iwi Safer Boating initiative

With funding from MNZ this program ran for the second year with a focus on education to address the attitudes and behaviours of Māori around the safe use of recreational watercraft and in doing so build strong, meaningful and enduring relationships.

Kia marutau ki te wai is now a multi-year program delivering Safer Boating education in the form of the Coastguard Boating Education (CBE) Day Skipper course. Support is provided by a council maritime officer delivering local bylaw and regional area education and resource materials including a lifejacket for those successfully completing the course.

Building on last year’s seven students who attended the two-day CBE Day Skipper course in Tauranga, this year we increased the reach of the program, delivering courses in Rotorua, Tauranga and Ōpōtiki, with a total of 17 tāngata whenua successfully completing the course, seven of these were from Waihau bay.

Each student is provided with BOPRC created Safer Boating resources in Te Reo/ English to assist them in sharing their newfound skills and knowledge with their whānau. These students are now ambassadors for Safer Boating practises and in partnership, can assist us in developing a safer boating program that meets their needs to reduce the harm in these identified areas and communities.

2.4 Media

A summary of communications over the summer is below:

Our Safer Boating advertising campaign was rolled out across billboards and social media using BOPRCs designed No Lifejacket, No Excuses videos and stills.

This campaign performed extremely well with a staggering 1.2m impressions and 3.1K clicks and our Facebook placements ensured we captured an additional 235K impressions over and above our plan. Placements were made across Marine and Swell maps sites. Mobile proximity targeting reached 180K impressions. This under delivered to what we expected but our Bylaw review campaign ran in conjunction this season. Facebook was an over achiever with 562K impressions and of the three videos the fisherman was the most successful.

All three of our videos were run on a rotational basis, on both sides of a billboard capturing travellers heading to and from Mount Maunganui on State Highway 2. With average daily contacts of 38,000 this activity reached a broad audience with high impact.

3. Considerations

3.1 Risks and Mitigations

There are no significant risks associated with this update report.

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

Working in partnership with Māori is an important part of Maritime Activity. Māori and Pacific communities are overrepresented in fatality statistics and a majority of those who die were not able to call for help or were not wearing personal floatation devices. The Kia marutau ki te wai initiative has been a success, we will continue to evaluate and grow the program and build strong relationships.

As part of reducing the harm and identifying what is important to Māori, new signage was developed for both Waihau bay and Maungatapu this year.

During our summer patrols we increase compliance with navigational safety, rules and regulations and can inform, educate, and discuss issues relating to Māori. Collaborating to clean-up waters surrounding marae, communicating around local Rāhui and during oil spill exercises, and build long term relationships.

Our patrol team employs several local tangata whenua supporting a Te Ao Māori world view in the delivery of our initiatives.

The decision to appoint a Sub-Committee for the Navigation Safety Bylaw review that includes tangata whenua alongside Councillors is an important step towards ensuring that we work in partnership with Māori and develop rules for maritime safety that meet their community’s needs.

3.4 Financial Implications

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

4. Next Steps

These initiatives support a positive change in Safer Boating compliance and best practice and safer waterways for all users throughout the region. Work and progress will continue to be reported through this Committee.



Report To:	Monitoring and Operations Committee
Meeting Date:	11 June 2024
Report Writer:	Nic Newman, Climate Change Programme Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To update the committee on progress in the last quarter

Climate Change Quarterly Report

Executive Summary

This report provides an update on Council’s climate change actions, managed through the Climate Change Programme. Notable items from this quarter include:

· Work is underway in the region with national partners to enable the realisation of Blue Carbon opportunities. We now have initial results from intact saltmarsh in the Tauranga Moana catchment. These results show carbon storage at twice other New Zealand sites, and carbon accumulation rates equivalent to those used in the Australian Emissions Reduction Fund.

· A new community-led adaptation project has launched in the Opotiki District, building off post-cyclone Gabrielle work.

· The Bay of Plenty Regional Energy Transition Accelerator (RETA) report has been released, identifying opportunities to reduce emissions from process heat activities, which make up 12% of the regional footprint.

· The announcement of a select committee inquiry to develop a National Framework for New Zealand. This has cross party support and will be informed by a multi-disciplinary approach.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Climate Change Quarterly Report.

1. Introduction

Our vision is for a climate resilient Bay of Plenty.

Council’s delivery of climate change actions is managed through the Climate Change Programme, ensuring coordinated delivery, monitoring, and reporting on the programme of work, across four goals.

This report provides a progress update from the last quarter. A dashboard is attached to this report to provide a snapshot of progress under the Programme.

1.1 Alignment with Strategic Framework

The projects highlighted in this report contribute principally to the Safe and Resilient Communities outcome, via the partnerships way of working.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

þ Cultural

þ Social

þ Economic

The projects highlighted in this report contribute positively across the well-beings.

2. Climate Change Programme

2.1 Programme Highlights this period.

2.1.1 Regional Adaptation

Community-led Adaptation Projects

The latest project will take place in the Opotiki District. Building on post-cyclone Gabrielle work with local hapū, the project will focus on 3 coastal marae, via a series of workshops, with technical support from Pattle Delamore Partners (PDP). The project’s objectives are to:

· enhance community understanding of projected climate hazards, including sea level rise;

· explore and plan potential adaptation strategies tailored to each community's unique needs;

· foster community buy-in and consider next steps toward the development of a staged plan integrating these strategies, and

· demonstrate alignment with broader regional planning efforts.

We have entered the Waihī Beach Lifeguards project in the “Collaborating for results” section of the annual Taituara Awards. As part of the entry, a 3 minute video was produced Collective Resilience: Collaborative Climate Adaptation at Waihi Beach (youtube.com). The awards will be announced in mid-June.

The national ripples from this initiative are continuing, with the latest interest from Environment Canterbury, Tauranga City and Wellington City Council. Our spectrum of support for these projects ranges from funding and advice, to provision of technical information, to full partnership in delivery.

Initiatives with Territorial Authorities

We continue to facilitate the Adaptation Technical Working group for the region’s Councils. Tauranga City and Whakatāne District are both embarking on local climate risk assessments this year. These will build on our regional risk assessment, drilling down to the local level in a manner that will prime local adaptation planning. This was one of the key objectives of the regional risk assessment, that it provided a platform for detailed local assessments. Opotiki District Council have proposed in their Long Term Plan a risk assessment for the Opotiki District.

2.1.2 National Initiatives

National Adaptation Framework

The significant announcement this period was Climate Change Minister Simon Watts announcing an inquiry to develop and recommend an adaptation model for New Zealand. This will be carried out by the Parliamentary Finance and Expenditure Committee and will consider all submissions received by the incomplete inquiry from the previous government. There is cross party support for this Inquiry.

(1) The purpose of the inquiry is to develop and recommend high-level objectives and principles for the design of a climate change adaptation model for New Zealand, to support the development of policy and legislation to address climate adaptation.

(2) For this purpose, the committee must consider the following topics:

(a) the nature of the climate adaptation problem New Zealand faces

(b) frameworks for investment and cost-sharing

(d) climate risk and response information-sharing

(3) The committee may, as it thinks fit, consider other matters relevant to the purpose of the inquiry.

(4) The committee must take account of submissions received by the Environment Committee on its recent inquiry into climate adaptation.

(5) The committee must finally report on the inquiry by 5 September 2024.

Legislation may or may not follow the development of the framework. Staff have been advocating nationally for a consistent national framework around adaptation for a number of years, so this initiative is most welcome.

The ACAN Network

Last month the Aotearoa Climate Adaptation Network (ACAN), took the first step towards transiting to the 'Aotearoa Society of Adaptation Professionals' (ASAP) by formally being approved as an incorporated society. ASAP will provide a broader platform for all those involved in adaptation to work collaboratively, share experiences and learn together.

Our staff, along with our Territorial Authority colleagues, are also involved in organising the next annual ACAN hui, which will be hosted in the Bay of Plenty in October at the Papamoa Surf Club. This will be the fourth ACAN hui, bringing together over 100 local government representatives and others for three days to learn from each other and ignite ideas about adaptation action, practice and collaboration through workshops focused on sharing experiences and practical sessions.

Regional Sector

The Te Uru Kahika Climate Group held a regional sector plenary in Hamilton in late April with representatives from across the Regional Council’s SIG network. The purposes of the plenary were to increase connection of climate work across the sector and identify were there are actions that benefit from collective effort across various disciplines and functional delivery areas.

There is a focus on adaptation from Regional Chief Executives and the plenary reflected this. A work programme will be developed based on the plenary outcomes focused on those actions where together the sector can leverage joint action. A Climate Director at Te Uru Kahika will support this mahi.

2.1.3 Partnerships

Natural Capital Regional Resilience

The Aotearoa Circle is a partnership of public and private organisations committed to restoring nature for future generations. It is made up of 50 partners who are leaders in their sectors and are focused on prosperity through guardianship - putting nature first to achieve systems level change for New Zealand.]

‘The Circle’ is piloting a new approach to assess the natural capital impacts of climate change and have chosen the Bay of Plenty to develop this methodology. The project is being led by PwC and will build on existing work in the region to understand critical thresholds for natural systems and the well-beings dependent on these systems and to then propose system wide solutions based on this understanding.

Fiona MacTavish and Nic Newman are involved in the project which will draw on technical expertise from Council and wider stakeholders. Council is not required to provide any funding contribution to the project. The project will complete in the fourth quarter of 2024 and provide us with a deeper systems-based understanding of climate impacts and opportunities.

2.1.4 Blue Carbon

Several blue carbon studies are underway in the region aimed at increasing knowledge of carbon storage in saltmarsh. Very few such studies have been undertaken in New Zealand to date. It’s hoped that data collected will contribute to the development of a carbon credit system that will incentivise saltmarsh restoration.

We are working with NIWA to study carbon storage in saltmarsh around Tauranga Harbour. Cores were collected from three intact saltmarsh sites (Katikati Inlet, Rereatukahia, Oikemoke) in May 2023. These cores have been analysed by NIWA/ESR and the report is due this month. Cores to a depth of 1m were analysed for total carbon and carbon accumulation rates. Total carbon averaged 115.3 tonnes C/ha across the three sites, roughly twice that reported in other New Zealand studies (see Ross et al 2003).

Carbon accumulation rates averaged 0.374 tonnes C/ha/year (last ~100 years), which is comparable to preliminary estimates by Albot et al and the value of 0.48 tonnes/C/ha/yr used in the Australian Government’s Emission Reduction Fund for saltmarsh ecosystem restoration (Lovelock et al. 2022). Carbon dating of cockle shells at the base of some cores indicate that estimates for total organic carbon span 6000+ years before present. Further coring is planned in restored saltmarsh adjacent to the Oikemoke coring site in June 2024. This work will make a valuable contribution to improving saltmarsh blue carbon inventory estimates for New Zealand.

We are also working with The Nature Conservancy (TNC) in the Kaituna and Little Waihī Estuaries. TNC is collecting data (soil carbon content and greenhouse gas fluxes) needed to assess whether coastal wetland restoration projects (such as the BOPRC/TWOW partnership at Cutwater Rd) can be registered with a voluntary carbon market scheme. The idea is that the carbon credits generated would provide the monetary resources to support ongoing maintenance and further restoration work. TNC are also undertaking coastal resilience modelling at Cutwater Rd to assess how integrating nature-based solutions for flood protection could be used to generate coastal resilience credits. TNC and MfE have also partnered to investigate the legal, policy and market conditions necessary to establish a national blue carbon market (voluntary or regulated) in Aotearoa.

In combination these initiatives are significantly contributing to national understanding and progress in this emerging field.

2.1.5 Business initiatives

The Bay of Plenty Regional Energy Transition Accelerator Project

The Energy Efficiency & Conservation Authority (EECA) released the Bay of Plenty Regional Energy Transition Accelerator (RETA) report, on Wednesday 15 May. The report is publicly available on the EECA website.

The objective of the Bay of Plenty RETA was to eliminate as many process heat emissions as possible by supporting organisations in their consideration of demand reduction, thermal efficiency and switching away from fossil-based fuels to a low-emissions source such as biomass, geothermal and/or electricity. There are 28 sites covered in the Bay of Plenty RETA, which collectively produce 281 kt pa of CO2e from process heat activities. Most of the emissions come from natural gas (89%).

The information in the report will assist regional energy users and suppliers to plan decarbonisation projects. Our regional economic development function (under the Bay of Connections banner) supported the project by facilitating RETA workshops in March and November 2023 to connect with and gain input from stakeholders about the challenges and opportunities for decarbonising operations. The high level of attendance and participation at both workshops signalled a willingness to actively explore options for decarbonisation and/or contribute solutions.

The project has aligned with our Climate Change Action Plan goal to reduce regional greenhouse gas emissions by supporting EECA to identify businesses and opportunities to reduce process heat emissions, which make up just under 12% of our regional footprint.

Where to from here:

o EECA will assist businesses looking to decarbonise, noting that the funding previously allocated to the Government Investment in Decarbonising Industry (GIDI) Fund has been withdrawn and reprioritised. EECA is no longer taking applications to the GIDI Fund however approved projects with existing contracts will continue.

o Council staff have commissioned a preliminary scoping study to identify the potential of the Tauranga Geothermal System for sustainable heating and cooling applications, and to outline innovative applications for use of the low temperature geothermal resource. The study will serve as a foundational report for broader stakeholder consultation on energy resilience and regional development planning and will help inform the regional geothermal plan change and the development of the Tauranga System Management Plan. This work is led by council’s Geothermal team, with support from Regional Economic Development.

Circular Economy Initiatives for the Western Bay of Plenty

The Circular Economy for the Western Bay of Plenty report was finalised in early April and circulated to Councillors in the 26 April 2024 Weekly Councillor Update. The objective of this work was to set a path for better resource recovery in the Western Bay across a long-term horizon, supporting the transition to a circular economy in the subregion.

In addition to assessing the current level of circularity for three key sectors - Construction, Health, and Food & Beverage - in the subregion, the report highlights opportunities for advancing the circular economy in these sectors. Prioritised opportunities identified for detailed development are:

· Construction sector: Providing a location(s) where excess/used construction items can be delivered, stored, and sold, appoint a Western Bay sub-regional construction waste project officer, and recycling materials focused on concrete and plastic wrap.

· Health sector: food waste diversion from health facilities and food waste prevention in aged care facilities.

· Food and Beverage sector: Work with retailers to reduce production waste by better understanding demand, design and implement reusable transit/business to business packaging, reduce production waste through identification/creation of alternative markets, increased diversion of edible food waste through alternative markets, and glass bottle reuse systems for primary packaging.

While the project was limited to the Western Bay of Plenty subregion, the identified interventions could be adopted by industry and/or councils across the wider Bay of Plenty. The project team was made up of staff from Tauranga City Council (the lead agency), Western Bay of Plenty District Council and Bay of Plenty Regional Council (Reece Irving and Dean Howie).

The report has been shared with relevant staff in councils and economic development agencies across the region to support circular economy and waste minimisation actions.

Where to from here:

• Immediate actions are focused on prioritised opportunities for the construction sector, utilising the Circular Construction Collective (CCC) facilitated by Priority One to initiate progress.

• The project team is meeting on Friday 24 May to refine an action plan, that reflects available resources and staff capacity to enable action.

• The report and action plan will be presented to Strategy & Policy Committee on Tuesday 25 June.

2.1.6 Education

Toi Moana Climate Change Scholarship, Year 2

The second Toi Moana Climate Change scholarship has been awarded to Olivia Schweizer, 19 of Rotorua. Olivia is a second-year student at the University of Waikato, studying a Bachelor in Climate Change with a double major in Ecology & Biodiversity and Environmental Planning. The scholarship is one of the initiatives that Toi Moana supports that aligns with Goal 4 of our Climate Change Action Plan, Our BOP community is aware, engaged and resilient.

In her application Olivia shared her passion for the Rotorua Lakes area and observations around the risks our changing climate will pose and impacts that can already be seen. She already has work placement experience with Scion in the climate field.

Image 1: Year II Climate Change scholarship recipient, Olivia Schweizer with CC Programme Manager Nic Newman

2.1.7 Staff Travel

The Staff Travel Project was launched in July last year and since then more than 100 staff from across all three offices have taken up the various initiatives on offer. This includes the bike loan, guaranteed return ride home, bike safety check and carpool car parks for staff.

The annual staff travel survey will be carried out later this month to help the team understand the modes of transport staff use to get to and from work, factors influencing their choices, and their satisfaction levels. The survey will provide an understanding if the incentives being offered have impacted single occupancy car use.

In an effort to expand the bike training programme and other incentives for staff, we are looking for networking opportunities to promote this initiative. We have already linked with local councils, Beca & Mercury Energy who are implementing similar plans.

3. Considerations

3.1 Risks and Mitigations

Climate Change is listed on Council’s Key Risk Register, due to the impact this will have on our council’s decision-making processes over the longer term.

3.2 Climate Change

The Climate Change Programme delivers, monitors, and reports on Council’s response to climate change in terms of priorities and actions around both mitigation and adaptation.

3.3 Implications for Māori

Climate Change could potentially have significant impact on whānau, hapū and iwi in the region. Many marae in the Bay of Plenty region are located in coastal or low lying areas, or next to lakes or rivers, potentially exposed to flooding and coastal hazards.

The economic livelihood of many of the region’s hapū and iwi are linked to natural resources, through activities such as farming, forestry, aquaculture & tourism.

The funding we provide for community adaptation planning is supporting a number of hapū and iwi to develop their own climate change understanding and response. The majority of applicants for this funding are hapū, demonstrating the connection of people and place are at the forefront of adaptation in our region.

3.4 Community Engagement

The projects highlighted in this report operate at the ‘Co-operate’ and ‘Empower’ levels of the Community Engagement spectrum.

3.5 Financial Implications

The projects highlighted in this update report are all within budget and there are no material unbudgeted financial implications from this report. The Climate Change Programme is operating within the Long Term Plan 2021-2024 budget.

The team is continuously looking for opportunities to collaborate with others, to seek efficiencies in expenditure by working in partnership with others and to seek ways to leverage our own funding to achieve wider community outcomes and benefits.

4. Next Steps

Staff will continue to report to the Monitoring Operations Committee quarterly on progress of the Climate Change Programme. The next version of the Climate Change Action Plan will be finalised through the Strategy and Policy Committee, following the recent LTP deliberations.

Attachments

Attachment 1 - Climate Change Programme Quarterly Dashboard ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	11 June 2024
Report Writer:	Jackson Efford, Principal Advisor, Land and Water
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	Summer 2023/24 ICM swimmability KPI results; and a new method to exclude ‘rainfall effected’ data from the KPI in the future

ICM Swimmability KPI and Land Management Action

Executive Summary

The current ICM swimmability KPI is unlikely to be able to detect meaningful improvements in water quality over time due to heavy rainfall events negatively skewing the results (when using the NPSFM Table 9 E. coli attribute). This is despite the proven success of our water quality mitigations, extensive land management work, and myriad of other efforts by regulators, community and industry.

Removing ‘heavy rainfall affected’ E. coli data is one way to better detect and report on the benefits of our collective efforts (due to contaminant mobilisation) and therefore a swimmability KPI revision is introduced here.

This paper also refers to the diffuse contaminant loss mitigation action being implemented across the region through the Coastal and Rotorua Catchments Teams in collaboration with landowners, industry, community groups and co-funding agencies.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, ICM Swimmability KPI and Land Management Action .

1. Introduction

The connection between our water quality issues and land use are complex and incredibly challenging to solve- there are no ‘silver bullets’. One of the roles of Catchment Management teams at Council is to promote, incentivise, and deliver voluntary on-the-ground mitigations to improve water quality across the Bay of Plenty- especially in our Focus Catchments where we are concerting our effort and resources.

Land Management work is based around scientifically proven mitigation methods such as stock exclusion fencing with planted buffers to filter contaminants, retirement of steep erosion prone slopes, and protection of bush remnants and wetlands.

For example, riparian buffer width is correlated closely with contaminant removal efficiency in all our fencing work. When riparian buffers exceed ~5-10 metres, the majority of contaminants can be effectively removed (especially sediment).

Figure 1 Example of scientific research confirming the effectiveness of stock exclusion buffers to remove contaminants.

Other more expensive ‘capital’ type mitigations are also very effective, and where they treat water from multiple properties can be considered ‘community benefit assets’ or ‘green infrastructure’. For example, detainment bunds built to the PS¹²⁰ guidelines (120m³ of storage per hectare of catchment) in the region have been proven to reduce phosphorus in storm flows by 47-68% (as well as reducing other contaminants and having co-benefits for reducing flood impact).

Constructed treatment wetlands built to the DairyNZ/NIWA guidelines are also incredibly efficient at contaminant removal if correctly sized at 2-3% of the contributing catchment area. For example, from Sep 2022 to Jan 2024 the following average reductions in contaminant concentrations were measured at the Council/Baygold constructed treatment wetland in the Waihī Estuary Catchment:

Nitrate nitrogen: 89% Dissolved reactive phosphorus: 90%

Ammonium nitrogen: 85% Total phosphorus: 75%

Total nitrogen : 55% Total suspended solids: 43%

E. coli: 80%

Since 2019, the land management team has delivered the following scale of works summarised in a report card:

Figure 2 Summary of Land Management activity by BOPRC across the region.

However, measuring water quality improvements in large and complex catchments (such as at a specific swimming site in the lower reaches, or at an estuary receiving environment) can be problematic, due to things like:

· The comparatively minor scale of our overall mitigation works completed at the catchment scale.

· Intensification of land use that can occur concurrently with mitigations.

· Landowner behaviours/farming practices.

· Environmental variables outside of our control.

· The complex relationship between land uses and water quality.

· Limitations around monitoring locations and frequency to detect change.

All these aspects need to be taken into account when considering the ICM Swimmability KPI results.

2. ICM Swimmability KPI

2.1 Background to the current KPI

The Integrated Catchment Management Long Term Plan Key Performance Indicator (KPI) is based on swimmability targets in Table 9 in Appendix 2A of the NPS-FM. This states that the number of swimmable, monitored sites within the region will gradually increase to 96% by the end of the 2027/28 season, while also setting a minimum performance limit of 75% swimmability for each bathing season. Swimmability is currently defined according to the Escherichia coli attribute, where attribute state bands A-C are classed as swimmable, and bands D to E are deemed un-swimmable.

Figure 3 Example of Table 9 from the NPSFM 2020 for which the ICM KPI is based.

The E. coli attribute table features four numeric attributes (statistic calculations) which are graded A (excellent) to E (poor). The NPS-FM requires that all four attributes are required to line up within the same band to designate an overall site band. However, reality shows that numeric attribute results are often split across different attribute band states. For example, the ‘median’ and ‘percentage exceedance of 260 cfu/100ml’ attributes might be within a B band, while the ‘95^th percentile’ and ‘percentage exceedance of 540 cfu/100ml’ may be in a C band.

At the inception of the swimmability KPI, there was no NPS-FM direction for how to handle ‘split’ sites, so BOPRC took the initiative to average across each numeric attribute to determine a final band score. However, the 2022 update of the NPS-FM (MfE, 2022) included an amendment to the conditions of Table 9 as per below (amended text in bold):

‘Attribute band must be determined by satisfying all numeric attribute states (i.e., all four columns in any one row) or, if that is not possible, according to the worst numeric attribute state’.

Following discussion with BOPRC’s auditors, it was agreed that KPI reports from the 2022/23 season onwards would include both the new ‘worst case’ calculation in addition to the historical ‘average method’. However, the KPI target of 75% only applies to the average method as this was the method defined at the beginning of the KPI process.

A total of 24 pre-defined bathing sites across the region are assessed against the E. coli attribute table (Table 9) in Appendix 2A of the NPS-FM, using the most recent five seasons worth of data.

2.2 Current KPI Results

The 2023/24 bathing season was unusual compared to previous season because one site (Waitangi Soda Springs at Bathing Pool) was inaccessible due to elevated lake levels. Of the remaining 23 sites, 16 (69.6%) were deemed swimmable using the (historical) average attribute method and 9 sites (39.1%) were deemed swimmable using the (new) worst attribute method.

These results are generally consistent with previous years, but slightly below (not meeting) the 75% LTP target.

A dedicated swimmability technical memo outlining and interpreting these KPI results in further detail will be provided after the end of the financial year.

Table 1 KPI results for 2023/24 bathing season.

3. Proposed new KPI to exclude heavy rainfall events

The purpose of the swimmability KPI is to link our land management work programme effectiveness (and other community, industry and regulatory efforts) to a tangible swimmability measure. However, currently the benefits of our mitigations are being ‘masked’ by high rainfall events, whereby sites often fail the KPI based on the results of a single numeric attribute in Table 9 of the NPS-FM (usually ‘95^th percentile’ and ‘percentage exceedance of 540 cfu/100ml’).

The current KPI methodology is therefore unlikely to ever be able to accurately reflect the success of our mitigation efforts. However, the new LTP provides an opportunity to amend the KPI methodology to be more fit for purpose.

The science team has developed a new approach that proposes to remove rainfall affected results from non-rainfall affected results, providing a more relevant result to help measure the effectiveness of land management activity. Removing rainfall affected data is also consistent with the MfE Microbiological Guidelines which states that sampling ‘may exclude periods of high flow, during which hazardous river conditions would prohibit bathing’. Swimming during heavy rainfall events is unlikely, and our Public Health authority advises not to swim for 48 hours after heavy rain (due to contaminant mobilisation).

Council’s science team recommends that the new KPI variation is reported with heavy rainfall samples removed from the dataset, alongside a more traditional method where all samples are included.

The proposed new KPI variation is explained in full detail in the attached technical memo (ICM Swimmability LTP KPI Revision 2024 - Removal of rainfall affected samples). This is yet to be approved by external Auditors, although it has been successfully peer-reviewed and endorsed for scientific robustness by NZ policy and water quality expert Ned Norton (a Freshwater Commissioner).

4. Updated KPI results with rainfall event data excluded

For the 2023/24 seasons bathing data, 30% of sites are swimmable when all samples are included in the analysis. However, 80% of sites are swimmable with heavy rainfall samples removed (the proposed new KPI approach).

Table 2 Results for 2023/24 bathing season showing all data (current KPI) compared with when the heavy rainfall events are removed (proposed new KPI).

Figure 4 Example of E. coli data for swimming sites where heavy rainfall affected samples (green) are much worse off.

5. E. coli as a swimmability measure

The use of E. coli as a water quality safety measure is widely accepted both in New Zealand and Internationally, though it is far from perfect. It is based around the origin of most E. coli being from the intestines of mammals. The E. coli concentration is used as a proxy for the presence of multiple pathogens to minimise public health risks during recreational contact with the freshwater body (e.g., swimming).

The E. coli concentration limits for primary contact are based on the risk of acquiring an infection from Campylobacter based on the results of the 2002 Freshwater Microbiology Research Programme. For example, if a single water sample contains between 130-260 E. coli/100 mL, 95% of the time there is a ≤1.0 % risk of acquiring a Campylobacter infection during a swimming event. This risk increases to ≤5 % if the concentration of E. coli is between 260-540 E. coli/100 mL.

In cases of elevated E. coli concentrations, our work at Council includes identification of potential sources of faecal contamination using Faecal Source Tracking/ Microbial Source Tracking to help identify the origin of contamination (in most cases livestock are confirmed as the source). A more accurate (but expensive) approach is to use Quantitative Microbial Risk Assessment (QMRA), which is a modelling approach used to estimate the risk of infection and illness when a population is exposed to microorganisms in the environment. Through QMRA, we can understand how much of an impact microorganisms in the environment will have on the health of the population.

BOPRC is fortunate enough to have two sites included in a new national QMRA study by the ESR (Kaiate Falls & Ngongotahā Stream). This will likely help inform future swimmability measures in any new iterations of the NPSFM. Study data will be reported once available.

5.1 Legislative Framework

The NPS-FM directs us to use the Escherichia coli attributes in Table 9 and Table 22 for reporting on human contact water quality safety. More broadly, the Land Management work arises out of Council’s Environmental Grants Policy which sets out how, where and to what extent grants, advisory services and community support are provided to achieve Toi Moana community outcomes and strategic priorities.

5.2 Alignment with Strategic Framework

A Healthy Environment	We work cohesively with volunteers and others, to sustainably manage and improve our natural resources.
Freshwater for Life	We deliver solutions to local problems to improve water quality and manage quantity.

5.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

High - Positive

þ Economic

High - Positive

6. Considerations

6.1 Climate Change

The matters addressed in this report are of a procedural nature and there are no climate change implications related to this matter.

6.2 Implications for Māori

Catchment work spans the rohe of a number of different iwi/hapū and includes advice and support to Māori landowners consistent with Council’s Environmental Grants Policy. Consideration has been given to the aspirations of iwi/hapu in the work programmes of each focus catchment, with strengthening partnerships in various stages of engagement and development.

6.3 Financial Implications

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

Attachments

Attachment 1 - ICM Swimmability LTP KPI Revision 2024 - Removal of rainfall affected samples. ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	11 June 2024
Report Writer:	Jo Pellew, Rates Manager
Report Authoriser:	Mat Taylor, General Manager, Corporate
Purpose:	To provide a quarterly update on the rates collection activity

Rates Collection Status Update

Executive Summary

This report provides an overview of 2023/24 rates collection.

· The 2023/24 rates instalment was due for payment on 20 October 2023. The collection rate of the current instalment is currently 99.4%.

· Debt collection approach has been undertaken through having a dedicated resource within the team, utilising active account monitoring, personal communication with bi-monthly reminders to overdue accounts, and offer payment arrangements that can address the individual circumstances of the ratepayer.

· Just over 8,000 second rates reminder letters were sent out in the last week of April 2024.

· Preparation is underway for the 2024/25 rating year.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Rates Collection Status Update.

1. Introduction

This report provides an overview of the final quarter of the 2023/24 rating year.

Currently we have achieved a 99.4% collection rate through having collection specialist within the team, utilising active account monitoring, personalised communication through bi-monthly rates reminders, and offering payment arrangements that meet the personal circumstances of the ratepayer. Our approach aims to ensure consistency, prevent accounts from going into arrears, emphasise timely payments, and accommodate individual circumstances.

In April, we sent just over 8,000 rate reminder letters to remaining customers who have not set up an acceptable arrangement or are paying an insufficient amount that will not clear their rates by 30 June 2024.

A comparison of relevant year-on-year data of previous collection activities shows favourable statistics of customers willingness to pay or make payment arrangements from the previous rating year.

The report provides detail of customer contact, including the number of customers who have engaged with us, and the type of customer queries that we received over the rating year.

We are now in preparation for the 2024/25 rating year to ensure the robustness of the invoicing process and recovery of any remaining rate arrears.

1.1 Legislative Framework

The Local Government (Rating) Act 2002 (“LGRA”) and the Rating Valuations Act 1998 (“RVA”) are the primary enactments governing the setting, assessment, and collection of rates by Local Government.

In addition to complying with this rating-specific legislation, Council also needs to ensure that the rating function and process comply with the Local Government Act 2002 (“LGA”) and the Privacy Act 2020 (“PA”)

1.2 Alignment with Strategic Framework

A Healthy Environment
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We provide great customer service. We continually seek opportunities to innovate and improve. We deliver value to our ratepayers and our customers

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

¨ Environmental

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

Positive social benefits include the community having more awareness about the work that we do and engaging with us more, the public receiving an improved customer experience and equity across the region, as we have control over rating policies and can have a more consistent and holistic view of the Bay of Plenty community.

Cultural benefits include direct engagement with Māori landowners and greater control over rating policies for Māori land, rating whenua Māori, including decisions on rates arrears, remissions and consolidation of whenua Māori land blocks or multiple dwellings for rating purposes.

The current economic climate poses many challenges and opportunities for us as a region. We are aware of the ongoing impacts of the pandemic, inflation, and current environmental issues on our local businesses and residents in the region. We recognise the ability of the public to make payment for rates and provide informative communications.to support the knowledge and awareness of the work that we do in the region.

2. Rates Collection

2.1 Rates Status Update

Total rates assessed for the 2023/24 rating year amounted to $90.9 million. As of 20 May 2024, we have received payments of just over $87.8 million (96.5%).

There are also committed payments (direct debits) of $2.6 million to be collected over the remainder of the rating year to June 30, 2024.

There remains just over $551,000 (0.6%) that do not have an active arrangement or remain to be paid.

Image 1: Revenue collected to date.

2.2 Debt Collection

Our methods include having a rates collection specialist within the team, who undertakes regular account monitoring, provides personalised communication with bi-monthly rate reminders, and offer extended payment arrangements to provide relief to ratepayers facing financial constraints.

Regular monitoring of accounts helps us proactively track payment arrangements and prevent accounts from slipping into arrears. We maintain regular contact with ratepayers through mail, email, and phone.

We have one final rates reminder campaign remaining before the end of the rating year. This reminder is to advise that any account not on an arrangement or remaining unpaid by 30 June 2024 will be subject to collection action as outlined in sections 62 – 83 of the LGRA.

In July, we will initiate this collection action, collaborating with our collection agency (Baycorp) and individual mortgagee agencies. Our primary objective is to encourage acceptable payment arrangements, but as a last resort, we may pursue funds recovery through mortgagees or Baycorp.

2.3 Extended payment arrangements

Extended payment arrangements are offered to individuals facing financial hardship to make payments more affordable. We understand that some ratepayers may struggle financially, so we provide flexible payment terms, allowing them to spread their payments over an extended period until 30 June 2025, including their proposed rates for the 2024/25 rating year.

We personalise payment arrangements based on the ratepayer's pay period and frequency, offering options such as weekly, fortnightly, or monthly payments. We communicate the terms of the extended arrangement, including the requirement to maintain this arrangement, ensuring that the ratepayer understands their responsibilities.

2.4 Year-on-year comparison

We compare year-on-year collection trends to assess the progress of rates collection and relevant rates data.

We can identify any significant changes (positive or negative) and gain insights into the factors that may have influenced these trends. This approach enables us to monitor the effectiveness of our strategies and initiatives aimed at improving revenue collection.

Collection Performance Comparison

Rating Year	Value collected	% of total rates
2022/23	$80.6 million	98.3%
2023/24	$90.4 million	99.4%

Collection of rates on the due date (20 October)

Rating Year	Value collected	% of total rates
2022/23	$62.4 million	76.1%
2023/24	$66 million	72.5%

Instalment Penalty (following 31 October penalty date)

Rating Year	Letters sent	Penalty amount
2022/23	27,867	$1.48 million
2023/24	21,934	$1.22 million

Second Rate Reminders

Rating Year	Notifications sent
2022/23	8,800
2023/24	8,100

Direct Debit arrangements (as of May)

Rating Year	Number of active Direct Debits
2022/23	37,000
2023/24	42,000

2.5 Customer contact

Most of our customer contact is captured through our customer relationship management system, Zendesk. There have been a wide range of customer queries that we have received over the course of this year. Table 1 below provides a brief outline of some of these queries.

This is not an exhaustive list but gives understanding of the broad range of queries the Rates team maintain.

Table 1.: Customer Queries

Type of Request	# Received
General	11,595
Payment Arrangements	1,101
Māori Freehold Land	106
Transfer credit to other council	117
Refund request	1,261
Rates by Email Authorisation	5,942
LINZ Notice of Change Report	4,470
Complaints*	88

*Complaints are combined into the two wrap up codes - new process (15) and general complaint (73)

To date, we have received almost 25,000 rates-related queries since July 2023.

This is a decrease compared to the previous rating year, which saw over 31,000 queries. This decrease is expected now that the service is no longer considered new. These numbers are reflective of business-as-usual queries.

Table 2: Cyclical rate queries throughout the rating year.

Month	Ticket Count	Key / Notable Events
July 2022	1,843	Direct Debit recalculation notification sent
August 2022	1,674
September 2022	3,519	Rate Invoices sent
October 2022	3,307	Invoice Due Date – 20 October Penalty Date – 31 October
November 2022	4,177	Penalty Letters sent
December 2022	1,753
January 2023	1,511	Rates Reminder #1 sent
February 2023	1,876
March 2023	2,024	*Payments made in error to Council – some customer confusion over which Council to pay
April 2023	2,040	Rates Reminder #2 sent
May 2023	1,236
Total	24,960

*There was a spike in the numbers of customers who made payment to us instead of their local council on their councils’ respective instalment due dates that were due in February and March, over 350 refunds were processed in March.

3. Considerations

3.1 Risks and Mitigations

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.

The collection of rates in-house enables visibility of the work that Councils do to mitigate and manage the ongoing impacts of climate change.

3.3 Implications for Māori

Rating Māori land can be complex. Collecting our rates gives the Bay of Plenty Regional Council greater control and enables it to apply equity and fairness across the region. With our engagement and strengthening relationships, we can address economic disparity and rebuild trust, forging better relationships with local Iwi, Hapū, Trusts and owner/occupiers.

With greater control over rating policies, the Bay of Plenty Regional Council can decide how to rate whenua Māori, including decisions on rate arrears, remissions, and consolidation of whenua Māori land blocks or multiple dwellings for rating purposes.

3.4 Community Engagement

Engagement with the community is not required as the recommended proposal / decision [relates to internal Council matters only].

3.5 Financial Implications

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

4. Next Steps

Action will be undertaken to collect overdue rates commencing in July as per the LGRA. A 10% arrears penalty will be applied to any accounts with arrears balances in July that are not on an acceptable payment arrangement and any overdue rate accounts will be sent to mortgage holders ("Mortgagees") for properties with registered mortgages.

The mortgagee will pay the rates directly to the Council and recover this amount from the ratepayer. For accounts without a mortgage, Baycorp will be contacted to initiate the collection of arrears.

We will assess the rates for the region in mid-July following the confirmation of the 2024/25 Rates Resolution.

Rate accounts on a periodic direct debit arrangement will be recalculated in mid-July, and customers will receive notification of their new amount based on the 2024/25 rating year assessment.

[1] Particles with a diameter of 10 microns or less

[2] Particles with a diameter of 2.5 microns or less

[3] The consent holder shall ensure that the emissions of sulphur dioxide from the Manufacturing Plant

stack are no greater than 200 mg/m3 or 10 kg/hr, measured at stack conditions

[6] A moving prohibited zone extending 50 metres to each side and 500 metres ahead, following the line of the buoyed channel when changing course, is reserved around any vessel over 500 gross tonnes or any vessel with tugs in attendance, when that vessel is underway and within the pilotage area of the Tauranga Harbour.

Chairperson	Cr Kevin Winters
Deputy Chairperson	Cr Ron Scott
Members	All Councillors
Quorum	Seven members, consisting of half the number of members
Meeting frequency	Quarterly