Agenda of Rangitāiki River Forum

Rangitāiki River Forum

Membership

Chairperson	Terewai Kalman (Te Rūnanga o Ngāti Manawa)
Deputy Chairperson	Te Taute Taiepa (Te Rūnanga o Ngāti Whare)
Tangata Whenua Members
One appointed representative each:
Te Rūnanga o Ngāti Manawa	Karito Paul (Alternate)
Te Rūnanga o Ngāti Whare	Jane Nicholas (Alternate)
Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust	Katishe McCauley
Te Rūnanga o Ngāti Awa	Miro Araroa Mihipeka Sisley (Alternate)
Hineuru Iwi Trust	Koriiana Hooker Ngawai Crawford (Alternate)
Tūhoe Te Uru Taumatua	Ngapera Rangiaho
Te Kotahitanga o Ngāti Tūwharetoa	Whakaeke Ritete Ngatoru Wall (Alternate)
Council Members
One appointed member each:
Whakatāne District Council	Cr Tuwhakairiora O’Brien Cr Wilson James (Alternate)
Taupō District Council	Cr John Williamson Cr Yvonne Westerman (Alternate)
Up to five appointed members:
Bay of Plenty Regional Council	Cr Malcolm Campbell Cr Toi Kai Rākau Iti Cr Kat Macmillan Cr Ken Shirley Cr Kevin Winters
Quorum	Three iwi members and three Council members and must include a Ngāti Whare member and a Ngāti Manawa member.
Meeting frequency	Quarterly

Other iwi and local authorities through consensus of the Forum, may join the Forum.

Vision

Te Mana o Te Wai – The First Right to Water is to the Water.

Mission

Te Reo o Te Wai - Te Mana – The voice of the Water, restoring Te Mana o Te Wai.

Purpose

To protect and enhance the environmental, cultural, and spiritual health, wellbeing and sustainable use of the Rangitāiki River and its resources, for the benefit of present and future generations.

Scope

The Rangitāiki River Forum’s scope covers the geographical area of the Rangitāiki River Catchment including the Rangitāiki River, Whirinaki River, Wheao River and Horomanga River as referenced in the following Settlement Acts: Ngāti Whare Claims Settlement Act 2012; Ngāti Manawa Claims Settlement Act 2012; Tūhoe Claims Settlement Act 2014; Hineuru Claims Settlement Act 2016; Ngāti Tūwharetoa Claims Settlement Act 2018.

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

Role

· Prepare and approve the Rangitāiki River Document for eventual recognition by the Regional Policy Statement, Regional Plans and District Plans.

· Promote the integrated and coordinated management of the Rangitāiki River.

· Engage with and provide advice to:

§ Local Authorities on statutory and non-statutory processes that affect the Rangitāiki River, including under the Resource Management Act 1991.

§ Crown agencies that exercise functions in relation to the Rangitāiki River.

· Monitor the extent to which the purpose of the Rangitāiki River Forum is being achieved including the implementation and effectiveness of the Rangitāiki River Document.

· Gather information, disseminate information and hold meetings

· Take any other action that is related to achieving the purpose of the Forum.

Decision Making

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

Power to Act

The Forum has the discretion to determine in any particular circumstance whether to exercise any function identified and to what extent any function identified is exercised.

Power to Recommend

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

Rangitāiki River Forum members report directly to their respective organisations.

Rangitāiki River Forum Minutes

15 March 2024

Rangitāiki River Forum

Ngā Meneti

Open Minutes

Commencing: Friday 15 March 2024, 10:30AM

Venue: Mataatua Room, Bay of Plenty Regional Council Building, 5 Quay Street, Whakatāne and via Zoom (Audio Visual meeting)

Heamana

Chairperson: Terewai Kalman (Te Rūnanga o Ngāti Manawa)

Heamana Tuarua

Deputy Chairperson: Te Taute Taiepa (Te Rūnanga o Ngāti Whare)

Ngā Kopounga

Members: Bay of Plenty Regional Council Toi Moana (BOPRC):

Cr Malcolm Campbell, Cr Toi Kai Rākau Iti, Cr Kat Macmillan, Via Zoom: Cr Kevin Winters

Te Rūnanga o Ngāti Awa:
Miro Araroa, Mihipeka Sisley (Alternate)

Hineuru Iwi Trust:
Koriiana Hooker, Ngawai Crawford (Alternate)

Ngāti Tūwharetoa (BOP) Settlement Trust:

Katishe McCauley (Via Zoom)

Whakatāne District Council:

Cr Tuwhakairiora O'Brien, Cr Wilson James (Alternate)

Alternate Karito Paul (Te Rūnanga o Ngāti Manawa)

Taupō District Council:

Cr Yvonne Westerman (Alternate) (Via Zoom)

Te Hunga i Tae Ake

In Attendance: BOPRC: Kataraina O’Brien – General Manager Strategic Engagement, Shari Kameta – Committee Advisor, Gina Mohi – Pūtaiao Mātauranga (Via Zoom)
Presenters: As listed in the minutes

Hineuru Iwi Trust: Janice Wall (Trustee)

Ngā Hōnea

Apologies: Ngapera Rangiaho (Tūhoe Te Uru Taumatua)

Whakaeke Ritete (Te Kotahitanga o Ngāti Tūwharetoa)

Cr Ken Shirley (Bay of Plenty Regional Council)

Cr John Williamson (Taupō District Council)

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Te Taute Taiepa.

Chairperson’s Opening Remarks

The Chair welcomed everyone to the Forum’s first meeting of the year and acknowledged past and current members. Making reference to the Forum’s purpose, the Chair noted the importance of the Forum partnership and encouraged members to familiarise themselves with the Forum’s respective Treaty Settlement legislation and strategy document, Te Ara Whānui o Rangitāiki – Pathways of the Rangitāiki River Document.

2. Ngā Hōnea
Apologies

Resolved

That the Rangitāiki River Forum:

1 Accepts the apologies from Ngapera Rangiaho, Whakaeke Ritete, Cr Ken Shirley, Cr John Williamson and Katishe McCauley for early departure at 11:45am tendered at the meeting.

Campbell/Sisley

CARRIED

3. Ngā Take Tōmuri
Items not on the Agenda

An update on the Rangitāiki River Festival to be held on 16 March 2024 would be provided at the end of the meeting.

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

None declared.

5. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Rangitāiki River Forum Minutes - 16 November 2023

Matters Arising

1. Minute Item 3.1 – Drone footage and the site visit that had been requested to look at sedimentation build-up above Rabbit Bridge had been deferred due to availability and timing of Pioneer Energy’s consent hearing.

2. Minute Item 7.1 – noted that Te Wai Māori Conference held in Nelson had been well represented by iwi partners, including Ngāti Awa and Ngāti Manawa rangatahi.

3. Minute Item 7.2 – Co-Governance Secretariat Jane Waldon advised that the notes from the Iwi Freshwater Workshop held at Te Rūnanga o Ngāti Manawa on 24 October 2023 would be circulated to iwi members in due course.

Resolved

That the Rangitāiki River Forum:

1 Confirms the Rangitāiki River Forum Minutes - 16 November 2023 as a true and correct record.

Macmillan/Taiepa

CARRIED

6. Ngā Whakamārama a Ngā Rōpū

Update from Partners

6.1 Hineuru Iwi Trust

· Member Koriiana Hooker would be away on maternity leave for the next two Forum meetings with Ngawai Crawford and Janice Wall attending meetings in her absence.

6.2 Taupō District Council

· No update to report.

6.3 Te Rūnanga o Ngāti Whare

· No update to report.

6.4 Te Rūnanga o Ngāti Manawa

· Ngāti Manawa and Ōmataroa Eco Tours trap and transfer practitioners had attended a wānanga that had been hosted by Department of Conservation. The wānanga had provided the opportunity for whakawhanaungatanga and sharing of data and techniques towards a one river approach. Further wānanga would be held to continue measuring the success of the programme

· Raised concern in regard to continued commercial fishing of tuna in the catchment which contradicted the provisions of ‘Te Ara Whānui o Rangitāiki’ to protect tuna. Noted that the tikanga of Ngāti Manawa was that tuna in the catchment should not be sold. Members discussed the issue further and resolved (refer below) to request a presentation from the Ministry of Primary Industries and that the matter be addressed with respective iwi fisheries representatives.

6.5 Ngāti Tūwharetoa (BOP) Settlement Trust (NTST)

· NTST were in the development stages of scoping their iwi management plan

· Due to the resignation of Board Trustee Ani Wickliffe, a special election had been held and a new Board member Clifford Te Rire elected.

6.6 Te Rūnanga o Ngāti Awa

· Ngāti Awa rangatahi had been assisting with the trap and transfer programme. Noted for consideration the opportunity for rangatahi to present to the Forum at a future meeting

· Raised concern in regard to longfin tuna being caught by local fishers near Fonterra Edgecumbe’s wastewater treatment plant discharge site, as a result of tuna being attracted to discharge/flow. While legal restrictions could not be enforced, Fonterra was comfortable for mitigation measures to be taken by Forum partners. Members discussed and passed a motion (refer below) for the following actions to be taken:

o Advocacy and education for local hapori/community

o Rāhui/signage to be put in place at relevant times

o Investigate an application under section 186a of the Fisheries Act 1996 as a long term solution.

6.7 Whakatāne District Council (WDC)

· WDC’s Draft Long Term Plan was out for consultation from 12 March to
12 April, with hearings to be held 18-19 April 2024 and Council decisions made on 10 May 2024. WDC would be engaging at a number of community events, starting with the Rangitāiki River Festival on 16 March 2024.

6.8 Bay of Plenty Regional Council Toi Moana (BOPRC)

· A further comment was raised regarding the issue of migrating tuna being crushed in river scheme pumps. It was noted that new fish friendly pumps had been developed in the Waikato region. A motion was passed (refer below) to include a submission point to BOPRC’s Long Term Plan 2024-2034 (LTP) to consider phasing in new pump technology when pumps came up for renewal

· BOPRC’s key areas of focus was its LTP and pending national freshwater policy changes by the Government.

Resolved

That the Rangitāiki River Forum:

1 Regarding the issue of migratory tuna being caught near the Fonterra Edgecumbe wastewater treatment plant discharge site:

(a) Request the Co-Governance Secretariat to:

(i) Prepare a letter to be signed by the Forum Chair and sent to the Department of Conservation to seek their advocacy support to stop fishing in this vicinity;

(ii) Report back to the next Forum meeting on the process of applying for compulsory acquisition powers under Section 186a of the Fisheries Act 1996;

(b) Request BOPRC staff to:

(i) Work with Te Rūnanga o Ngāti Awa member Miro Araroa to arrange and erect rāhui signage;

2 Regarding prevention of migratory tuna being crushed in river scheme pumps

(a) Request the Co-Governance Secretariat to:

(i) Investigate and seek a presentation regarding development and utilisation of pump technology used in the Waikato region;

(ii) Prepare a submission to Bay of Plenty Regional Council’s Long Term Plan 2024-2034 seeking replacement technology of river scheme pumps that provide further protection for tuna;

(b) Regarding commercial fishing of tuna in the Rangitāiki Awa:

(i) Requests a presentation from the Ministry for Primary Industries at a future Forum meeting to address the commercial tuna quota system;

(ii) Iwi members to address the matter with their respective Māori fisheries representatives;

3 Consider convening a future wānanga/workshop with interested parties in relation to Objective 1 of Te Ara Whānui o Rangitāiki.

Campbell/Macmillan

CARRIED

7. Whakahoutanga Kōrero
Verbal Updates

7.1	Resource Consents Update Presented by: Ella Tennant, Consents Manager, Bay of Plenty Regional Council.
	Key Points: · Manawa Energy’s Wheao Dam consent was still on hold with technical reviews to take place. An invite was expected to be extended to iwi/hapū for a site visit in May 2024 · Fonterra Edgecumbe’s Wastewater Treatment Plant consent was on hold with conversations ongoing with iwi/hapū and the Whakatāne District Council to look at all options, including a combined review with the WDC wastewater consent that was due to expire in 2026 · The consent application to remove some sediment build-up in Lake Aniwaniwa was proceeding to a hearing in May 2024, which would be open to the public · The Fast-Track Approvals (FTA) Bill had been released and was open for submissions until 19 April 2024. In Response to Questions: · There was potential for the Wheao Dam (and Aniwaniwa Dam) to be included in the fast track approvals process. While decisions needed to be consistent with Treaty Settlement obligations, they could be open to interpretation. Under the new Bill, the Ministers for Transport, Infrastructure and Regional Development would make decisions on whether a project was listed or referred, and also the final decision (to grant with conditions or decline), with no involvement from Minister for the Environment. Key Points - Members: · Requested a submission on the FTA Bill be prepared for submission to the Environment Select Committee in relation to maintaining the integrity of Treaty Settlements and Te Ara Whānui o Rangitāiki River Document as a statutory document · Confirmed that the Forum would like a regular update on resource consents at each Forum meeting.
11:45am – Katishe McCauley withdrew from the meeting.
	Resolved That the Rangitāiki River Forum: 1 Requests that the Co-Governance Secretariat prepare a draft submission on the Fast-track Approvals Bill to be circulated to the Forum Chair and members for comment/approval to be signed by the Forum Chair and sent to the Environment Select Committee before the closing date for submissions on Friday 19 April 2024. Iti/O'Brien CARRIED

7.2

Taupō District Plan Change progress

Presented by: Hilary Samuel, Senior Policy Advisor, Taupō District Council
(Via Zoom)

Key Points:

· Taupō District Plan Changes 38 – 43 hearings had been held late last year. Apart from PC39 (residential building coverage) which was now operative, the remaining plan changes were awaiting decisions

· PC38 (Strategic Directions) incorporating the vision, strategic objectives and outcomes of Te Ara Whānui o Rangitāiki did not have any submissions opposing it, so was expected to be made operative

· The rural plan change which included papakāinga provisions had raised little concern during the hearing, therefore staff were hopeful they would be made operative also

· Decisions on the Taupō District Plan review would be received in the next two months

· Staff were commencing the next suite of (residential) plan changes, which would include a Māori purpose zone. Staff would be engaging with local iwi/hapū on what that might look like and would be fully driven by hapū/iwi

· Any feedback or comments could be directed to Hilary Samuel.

In Response to Questions:

· The Māori purpose zone was defined in the National Planning Standards (NPS) and covered specific provisions to support development of marae, papakāinga, communal living and related commercial activity without the need for resource consent

· There was sufficient flexibility within the NPS to provide for urupa if desired by iwi/hapū communities

· In relation to resource consent and private plan change hearing panels concerning Māori land, Taupō District Council (TDC) had a joint management agreement (JMA) with Tūwharetoa Māori Trust Board (TMTB) that involved a joint hearing panel to include a TMTB approved representative, which TDC typically used as a model for other Council-led plan changes.

8. Ngā Pūrongo
Reports

Ngā Whakatau e Hiahiatia Ana
Decisions Required

8.1

Change of Membership

The report was taken as read.

Key Points - Members:

· The Chair noted she had briefed Koriiana Hooker on various Forum matters

· Koriiana Hooker thanked the Chair/staff for the induction information and acknowledged her predecessors’ contribution on the Forum.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, Change of Membership;

2 Notes the appointments of Koriiana Hooker as the appointed member replacing Ngawai Crawford; and Ngawai Crawford, as the alternate member replacing Tracy Bush for Hineuru Iwi Trust.

Araroa/O'Brien

CARRIED

Hei Pānui Anake
Information Only

8.2

Long Term Plan 2024-2034 Consultation

Presentation - Te Mahere Tūroa Draft Long Term Plan 2024-2034: Objective ID A4623642

Presented by: Cr Toi Iti

Key Points:

· Overview of BOPRC’s Long Term Plan key engagement information

· Encouraged iwi/hapū to make submissions, noting that Council could only deliberate on matters that had been submitted on

· Consultant Huiarau Stewart had been contracted to provide ‘friend of the submitter’ support to help draft submissions for whoever wanted support

· Outlined key points of interest within the LTP:

o LTP community outcomes, including Te Ara Poutama outcome/goals

o Funding/investment

o Rangitāiki catchment programme highlights

o Key consultation questions regarding public transport, Port of Tauranga selldown and new regional parks; and

o Proposed rates remission policies for Whenua Māori.

Key Points - Members:

· Noted support for a submission to be prepared for the continuation of secretariat support, along with a combined symposium on tuna protection, new Forum member training, Mātauranga Māori upskilling for current members and other relevant issues

· A draft submission would be prepared and circulated to members before submitting it to BOPRC

· Thanked Cr Iti and BOPRC for LTP engagement hui that had been held with Ngāti Manawa.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, Long Term Plan 2024-2034 Consultation;

2 Requests the Co-Governance Secretariat to prepare a submission to the Long Term Plan 2024-20234, to be circulated to Forum members for comment and signed by the Chair;

3 Agrees that the Forum Chair and Deputy Chair attend the BOPRC Long Term Plan 2024-2034 marae hearing on 10 May 2024 to speak to the Rangitāiki River Forum’s submission.

Hooker/Taiepa

CARRIED

8.3

December 2023 - February 2024 Rangitāiki Catchment Programme Dashboard

Presented by: Charles Harley, Team Leader Coastal Catchments, BOPRC

Key Points:

· Regarding earlier discussion raised under Item 8, Update from Partners on commercial fishing of tuna – referred to a Ministry for Primary Industries 2018-2021 monitoring report[1], which had assessed that over the past few years commercial quota takes of shortfin (SFE21) and longfin tuna (LFE21) in AE3 fishing area, which included the Rangitāiki catchment, had reduced by up to 60 percent

· Noted that expenditure for the Rangitāiki-Tarawera river catchment scheme was higher than predicted due to work being ahead of schedule

· Highlighted the successful identification of matuku/bittern present at the wetland adjoining the pine forest at Pūtauaki farm.

Key Points - Members:

· Regarding the Government’s deferral of national freshwater water policy notification timeframes to December 2027, BOPRC had decided to notify its proposed freshwater plan in September 2025 to maintain momentum to address water quality issues. However, it was noted that if further changes to national policy required significant amendments, then BOPRC may need to reconsider the September 2025 deadline

· Noted that BOPRC’s freshwater plan aligned with Te Ara Whānui o Rangitāiki’s vision and objectives.

Resolved

That the Rangitāiki River Forum:

1 Receives the report, December 2023 - February 2024 Rangitāiki Catchment Programme Dashboard.

O'Brien/Macmillan

CARRIED

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

9.1 Rangitāiki River Festival

· The festival was being held on Saturday 16 March at the Thornton Domain;

· A flyer with event information was circulated to members for information;

· The festival what a great family/community event and provided an opportunity for councils, iwi and respective organisations to give back to the community;

· BOPRC Councillors would be present; and members and whānau were encouraged to attend;

· Acknowledged Edgecumbe Lions Club who organised the annual event.

10. Karakia Kati
Closing Karakia

A karakia was provided by Te Taute Taiepa.

12:45 pm – the meeting closed.

Confirmed

Terewai Kalman

Chairperson, Rangitāiki River Forum