Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority Minutes

23 FEBRUARY 2024

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 23 February 2024, 9.30am

Venue: Council Chambers, Ground Floor, Regional House, 1 Elizabeth Street, Tauranga, and via Zoom (audio visual meeting)

Heamana

Chairperson: Dean Flavell (Tapuika Iwi Authority Trust)

Heamana Tuarua

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

Ngā Kopounga

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

Cr Te Taru White (Alternate) (via Zoom)

Tapuika Iwi Authority

Geoff Rice (Alternate) (via Zoom)

Te Pumautanga o Te Arawa Trust

Rawiri Kingi (Alternate)

Te Tahuhu o Tawakeheimoa Trust

Nicki Douglas (via Zoom)

Rotorua Lakes Council (RLC)

Nick Chater (Lakes Community Board)

Cr Lani Kereopa (Alternate) (via Zoom)

Western Bay of Plenty District Council (WBOPDC)

Cr Andy Wichers

Tauranga City Council (TCC)

Commissioner Bill Wasley (Alternate)

Informal Members: Te Komiti Nui o Ngāti Whakaue

Maru Tapsell

Bay of Plenty Regional Council Toi Moana

Cr Jane Nees

Te Hunga i Tae Ake

In Attendance: BOPRC: Pim de Monchy – Coastal Catchments Manager; Merehine Waiari - Senior Advisor; Herewini Simpson – Kaihautu (Te Amorangi Lead) (via Zoom); Jo Watts – Senior Planner (Water Policy); Jenny Teeuwen – Committee Advisor

WBOPDC: Deputy Mayor John Scrimgeour (via Zoom); Jason Crummer - Recreation Planner (via Zoom)

External: Roana Bennett – Ngāti Whakaue (via Zoom); Raponi Wilson - Tapuika Iwi Authority (via Zoom)

Ngā Hōnea

Apologies: Commissioner Shad Rolleston – TCC, Erin Thompson - Te Tahuhu o Tawakeheimoa Trust (Alternate), for absence, and Cr Te Taru White – BOPRC (Alternate), for early departure.

1. Chairperson’s Opening Statement

Dean Flavell, Chairperson, opened the hui and advised that the hui was being recorded and that the recording would be uploaded to the Bay of Plenty Regional Council website and could be accessed via this link: Te Maru o Kaituna - Zoom Video Recording - 23 February 2024 (youtube.com)

2. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dean Flavell.

3. Ngā Hōnea
Apologies

Resolved

That Te Maru o Kaituna River Authority:

1 Accepts the apologies from Commissioner Shad Rolleston and Erin Thompson for absence, and Cr Te Taru White for early departure, tendered at the meeting.

Wasley/Nees

CARRIED

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

The following declarations of conflicts of interest were noted:

· Cr Jane Nees for Item 5.1 Confirmation of Minutes, Matters Arising – Bay of Plenty Navigation Safety Bylaws Review, as member of the BOPRC Navigation Safety Bylaws Hearings Panel, and Item 6.1 Chairperson’s report – Bell Road Proposal, as a member of the SmartGrowth Leadership Group.

· Commissioner Bill Wasley for Item 6.1 Chairperson’s report – Bell Road Proposal, as a member of the SmartGrowth Strategy Hearings Panel.

5. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Te Maru o Kaituna River Authority Minutes - 24 November 2023

Resolved

That the Te Maru o Kaituna River Authority:

1 Confirms the Te Maru o Kaituna River Authority Minutes - 24 November 2023 as a true and correct record.

McDonald/Kingi

CARRIED

Matters Arising

Navigation Safety Bylaws Review

Cr Nees declared a conflict of interest for this item as a member of the Regional Council Navigation Safety Bylaws Hearings Panel.

· Members were reminded that submissions closed on Thursday 29 February 2024.

· Copies of the consultation document and submission forms were made available in chambers for Te Maru o Kaituna River Authority (TMoK) members present. The documents could also be found on Bay of Plenty Regional Council’s (BOPRC) Participate webpage, link: Navigation Safety Bylaws | Participate BOPRC.

· Members were reminded of the four options for proposed speed limit changes for the Kaituna River.

· Western Bay of Plenty District Council (WBOPDC) had submitted supporting Option 4: Remove Speed Uplifting on lower river (from river mouth to Mangorewa River confluence), based on the alignment with access to the Kaituna River.

6. Whakahoutanga Kōrero
Verbal Updates

6.1

Chairperson's Verbal Update

Presentation: Wairakei South Bell Road Proposal: Objective ID A4608425

Presented by: Dean Flavell – Chairperson

Pim De Monchy – Coastal Catchments Manager

Bell Road Proposal – Pim De Monchy – Coastal Catchments Manager

Conflicts of interests for this item were declared by Commissioner Bill Wasley as a member of the SmartGrowth Strategy Hearings Panel, and Cr Jane Nees as a member of the SmartGrowth Leadership Group (SLG).

Key Points

· Provided a brief outline of the proposal to develop an area of land near Bell Road on the Southern side of the Tauranga Eastern Link (TEL). The land fell inside TMoK’s rohe.

· Submissions on the proposal had already been heard by the SmartGrowth Strategy Hearings Panel. The Panel’s recommendations would be considered by the SLG at their meeting on 23 April.

· It was suggested that TMoK might want to engage with SmartGrowth to see if there was an opportunity to learn more about the proposal and get involved.

Key points - Members

· It was important that the proposed development was assessed against the Kaituna River Document and what TMoK was trying to achieve and what the impacts/implications might be, before deciding on whether the voice of the Kaituna River needed to be heard in this case.

· Suggested that the developer, Blue Haven Limited, be invited to present at the next TMoK meeting in early May 2024.

Bathing Water Quality – Pim De Monchy – Coastal Catchments Manager

Key Points

Water samples were taken from bathing sites around the region from Labour Weekend to Easter every year. This summer, no criterion exceedances had been recorded for the E.coli or Enterococci bacteria at Te Matai and Waiari bathing sample sites, which meant that both sites had been in the green zone all summer and people had been swimming safely.

Ministry for the Environment (MfE) update regarding new Government 100 day plan – Dean Flavell

Key Points

· MfE had met with the Chairs of TMoK, Rangitāiki River Forum (RRF), Tarawera Awa Restoration Strategy Group (TARSG), and the Tauranga Moana Advisory Group (TMAG) to provide an update on the intention of the new Government’s 100 day plan. It had been requested that MfE meet with BOPRC’s co-governance Chairs’ together to ensure everyone received the same message at the same time.

· There was still little clarity around proposed changes; however, it was reported that the co-governance arrangements currently in place arising out of treaty settlements were not expected to be affected.

Offer from New Zealand Transport Agency (NZTA) Waka Kotahi - Pim De Monchy – Coastal Catchments Manager

Key Points

Members were made aware of an offer made to BOPRC from NZTA Waka Kotahi to consider the purchase of a piece of land adjacent to the Bell Road boat ramp. The land had been acquired via the Public Works Act for the TEL development, but NZTA Waka Kotahi had now declared the land as surplus and no longer required.

7. Ngā Pūrongo
Reports

7.1

New contract to support Te Maru o Kaituna River Authority

Presented by: Pim de Monchy - Coastal Catchments Manager

Raponi Wilson – Taiao Operations Manager, Tapuika Iwi Authority

Key Points

· Introduced Raponi Wilson.

· Provided explanation for why changes to the delivery of TMoK’s secretariat services were being made and how these services would be delivered going forward.

· A contract had been negotiated with Tapuika Iwi Authority to provide support and project delivery for the unfunded or underfunded kaupapa within Te Tini a Tuna (TMoK’s Action Plan) rather than for a more generic secretariat approach. The scope of the contract was outlined on page 15 of the Agenda.

· BOPRC had $100,000 budget available for this work spread over two financial years ending 30 June 2025. The contract was for $110,000. Rather than reduce the scope of the work to be delivered, it was recommended that TMoK consider meeting the $10,000 shortfall from its own budget split over 2023/24 ($3,000) and 2024/25 ($7,000).

· The contract would be administered by BOPRC.

10.11am - Cr White withdrew from the meeting.

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the report, New contract to support Te Maru o Kaituna River Authority; and

2 Approves the allocation of $10,000 from Te Maru o Kaituna River Authority’s (TMoK) funds to add to the Bay of Plenty Regional Council (BOPRC) budget for the work within the TMoK support contract, spread over the 2023/24 and 2024/25 financial years.

Chater/Douglas

CARRIED

7.2

August 2023 - January 2024 TMoK Biannual Report

Presented by: Pim de Monchy - Coastal Catchments Manager

It was noted that a verbal update on the Freshwater Policy Programme timeframes and the implications for Project 2 of the Action Plan, would be provided under Item 6.2.

Resolved

That the Te Maru o Kaituna River Authority:

1 Receives the report, August 2023 - January 2024 TMoK Biannual Report.

Chater/Douglas

CARRIED

7.3

Long Term Plan 2024-2034 Consultation

Presentation: LTP Consultation: Objective ID A4608421

Presented by: Merehine Waiari – Senior Advisor

Key Points

· Provided an update on the Long Term Plan 2034-2034 (LTP) process and how BOPRC would be consulting with tangata whenua over the next two months.

· Provided overview of the new community outcome - Te Ara Poutama; tangata whenua feedback on the new outcome welcomed.

· Consulting on three key issues – regional transport, the staged sell down of Port of Tauranga shares, and regional parks.

· Acknowledged the present high demands on tangata whenua to respond to various kaupapa and juggle competing priorities, but it was important that there were opportunities for tangata whenua to be informed on the LTP and provide feedback.

· Outlined BOPRC’s plan for direct engagement with Māori. More detail for this engagement would be available on BOPRC’s Participate webpage over the next two weeks – link: Home | Participate BOPRC.

· Separate meetings could be set up for TMoK members who would like to discuss the LTP in further detail.

· Key LTP dates:

- Consultation period - 8 March to 9 April 2024

- Submission hearings and deliberations - May 2024

- Adoption of final LTP 2024-2034 – June 2024

In Response to Questions

· BOPRC were currently looking at proposals for two new regional parks. Because regional parks had an ongoing operating cost, BOPRC wanted to gauge from the community if they valued regional parks and if they would support BOPRC’s investment in more regional parks.

· TMoK’s Contracted Support (through Tapuika Iwi Authority) would look to assist with/coordinate TMoK’s input into the LTP.

Key Points - Members

· TMoK iwi reps were encouraged to touch base with BOPRC staff as a collective, and/or separately if required.

Resolved

That Te Maru o Kaituna River Authority:

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

Wasley/McDonald

CARRIED

6. Whakahoutanga Kōrero
Verbal Updates (Continued)

6.2

Freshwater Policy Programmes - Timeframes

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

Key Points

· Provided an overview of the Resource Management and Freshwater reforms currently underway as part of the new Government’s 100 plan.

· The statutory deadline for notifying regional plan changes to implement the National Policy Statement for Freshwater Management 2020 (NPS-FM) had been extended from December 2024 to December 2027.

· In December 2023, BOPRC had postponed making a decision to release the draft proposed Regional Policy Statement (RPS) Change 7 (Freshwater) and the Regional Natural Resources Plan (RNRP) Change 19 (Freshwater), pending clarification of the new Government’s direction for the NPS-FM.

· A report had been presented to the 20 February 2024 Strategy and Policy Committee to revisit the timeframe for notification of the changes. The Strategy and Policy Committee resolved “to extend the timeframe for notifying proposed RPS Change 7 (Freshwater) and proposed RNRP Change 19 (Freshwater) from December 2024 to September 2025”.

· Staff would report back to the Strategy and Policy Committee in April 2024 with a revised Freshwater Policy work programme for consideration, which would include the timing for release of draft freshwater changes.

· The notification date change had a slippage implication for Project 2 in Te Tini a Tuna. This had been signalled in the biannual report.

In Response to Questions

· The option remained available to Council to further extend the notification deadline if, prior to the September 2025 notification date, it became obvious that NPS-FM changes would require significant amendments to the plan changes that would take more time.

8. Karakia Kati
Closing Karakia

A karakia was provided by Geoff Rice.

10.52am – the meeting closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority Minutes

3 MAY 2024

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 3 May 2024, 10.45am

Venue: Makahae Marae Te Kahika Pā, Te Kahika Road West, Te Puke

Heamana

Chairperson: Dean Flavell - Tapuika Iwi Authority

Heamana Tuarua

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

Ngā Kopounga

Members: Tapuika Iwi Authority

Geoff Rice (Alternate)

Rotorua Lakes Council (RLC)

Nick Chater (Lakes Community Board)

Western Bay of Plenty District Council (WBOPDC)

Cr Andy Wichers

Tauranga City Council (TCC)

Commissioner Shadrach Rolleston

Informal Members: Te Komiti Nui o Ngāti Whakaue

Maru Tapsell

Bay of Plenty Regional Council Toi Moana (BOPRC)

Cr Jane Nees

Te Hunga i Tae Ake

In Attendance: BOPRC: Pim de Monchy – Coastal Catchments Manager; Kataraina O’Brien – General Manager, Strategic Engagement, Stephen Lamb – Environmental Strategy Manager, Jo Watts – Senior Planner (Water Policy); Rawiri Bhana – Senior Advisor (Treaty); Jenny Teeuwen – Committee Advisor

WBOPDC: Deputy Mayor John Scrimgeour

External: Raponi Te Rangikātukua Wilson, Jo’el Komene, Elva Conroy, and Te Wheoro Dinsdale - Tapuika Iwi Authority; Nathan York – Bluehaven; Akira McTavish-Huriwai, as well as several members of the Tapuika/Makahae/Te Kahika Pā community and those supporting others in attendance

Ngā Hōnea

Apologies: Commissioner Bill Wasley – TCC (Alternate); Cr Te Taru White – BOPRC (Alternate); Piki Thomas - Te Pumautanga o Te Arawa Trust; Nicki Douglas - Te Tahuhu o Tawakeheimoa Trust; Cr Lani Kereopa – RLC (Alternate); and Cr Grant Dally – WBOPDC (Alternate)

1. Karakia Whakatuwhera
Opening Karakia

Chairperson, Dean Flavell, formally opened the hui, acknowledged those in attendance, and provided the opening karakia.

He then advised that as the members present fell short of a quorum, the hui would transfer into workshop mode to enable the scheduled presentations to go ahead.

The Minutes for the 23 February 2024 meeting would be held over for confirmation at the 16 August 2024 Te Maru o Kaituna River Authority meeting.

2. Whakaaturanga
Presentations

2.1

Makahae Marae

Presentation: Makahae Marae: Objective ID A4663798

Presented By: Elva Conroy – Tapuika Iwi Authority

Key Points

· Presented as a member of the Makahae Marae Committee – to share who they were and the things that they were passionate about.

· Makahae Marae had strong connections to the work that Te Maru o Kaituna River Authority did.

· Provided overview of the Marae’s Development Plan and outlined their strategic priorities for 2019-2029:

- Manaaki Whare - improvements to Te Kahika Pā included a new ablution block, upgraded bore, new wharekai ceiling and roof, wharenui heatpump, and the restoration of carvings.

- Mana Tāngata - Makahae Marae had representatives on Tapuika Iwi Authority, Te Maru o Kaituna River Authority, Western Bay of Plenty District Council Te Ihu o Te Waka Partnership Forum, Waiari Kaitiaki Advisory Group and Te Ohu Parawai – Te Puke Waster Advisory Group.

- Mauri Whenua - environmental projects included continued tree planting and pest control, better access to awa, involvement in any restoration project within the Waiari catchment, and exploring alternatives to maize production.

- Whakahuihui Tāngata – included regular wānanga to share knowledge, forming a kapa haka group, Tamihana whānau reunion, and the 100 year celebration for Makahae.

Key Points Members

· This presentation was a reminder of the value of BOPRC’s Environmental Enhancement Fund, which was signalled to be reduced by $50,000 through the Long Term Plan 2024-2034 (LTP) process.

· It was noted that RLC were cutting back similar funding to communities through their LTP process.

2.2

Project Support for Te Maru o Kaituna River Authority

Presentation: Tapuika Iwi Authority project support for Te Maru o Kaituna River Authority: Objective ID A4661916

Presented by: Raponi Te Rangikātukua Wilson and Te Wheoro Dinsdale - Tapuika Iwi Authority

Key Points

· Raponi Wilson was the Environmental Operations Manager for Tapuika Iwi Authority, and responsible for the contract to provide support and project delivery for the unfunded or underfunded kaupapa within Te Tini a Tuna (Kaituna Action Plan).

· Gave an overview of the scope of the support provided which included Project 9 – Pātaka Kai, and Project 13 (two parts) – April 2025 symposium and the establishment of a Tāngata Whenua Members Forum.

· Pātaki Kai project:

Update included:

- employed Freshwater Technician – Te Wheoro Dinsdale

- two confirmed restoration sites – Pakipaki and Paraiti/Kaiwaka

- species monitoring equipment purchased

- worked with BOPRC’s Land Management Officers (LMO) to draft Environmental Management Plans for the two confirmed restoration sites

Next steps included:

- complete project plan and safety plan

- purchase further general equipment

- meet with landowners to discuss plans

- seek extra funding partners

- identify other sites for future restorations

- reignite conversations around the Parawhenuamea Wetland Restoration.

· Kaituna River Symposium – still early days in the planning with recruitment yet to commence; however, some scoping had been completed to determine priority kaupapa to be covered.

· Te Maru o Kaituna Tāngata Whenua Members Forum

- Currently identifying mechanisms to ensure the success of the forum, and what improvements could be made to ensure the intent of the Tapuika Claims Settlement Act was upheld, tāngata whenua representatives were empowered in planning and decision making for their awa, and there continued to be tāngata whenua-led projects within Te Maru o Kaituna work programme.

- A number of wānanga would be undertaken with tāngata whenua members to design the forum.

- The project was being led by Raponi Wilson with support from Elva Conroy and the Tapuika Taiao Operations Team.

- Next steps included inviting tāngata whenua members to discuss the initial scope and purpose of the wānanga. There was also an opportunity to bring together the representatives from all advisory groups across the catchment.

· The feasibility study for the Kaituna-Waiari River Access project had been completed. The project guided where to prioritise river access to recognise and showcase the cultural and historical heritage associated with the Kaituna River.

· In conjunction with the proposed waka landings outlined in the Kaituna River Access project, there was also a traditional waka building project underway at Te Kahika Pā. Traditionally built waka had not been on the Kaituna River for over 100 years. The goal was to have one traditionally built waka launched on the river (possibly as part of the 2025 symposium), with the intention to build more, and also to have a school of waka building associated with the river. This project would see old carving skills handed down to the next generations.

In Response to Questions

· Te Maru o Kaituna River Authority had submitted to BOPRC’s LTP.

Key Points Members

· Commended Tapuika Iwi Authority on establishing a members entity. Acknowledged the importance of this mahi, not just leading at a local and regional level, but also in the national space, and this had the potential to bring further funding from central government. BOPRC could be advocates for this.

2.3

Bluehaven Development at Wairakei South

Presentation: Bluehaven Development Wairakei South - Draft mixed use frame-work plan: Objective ID A4663799

Presented by: Nathan York – Chief Executive, Bluehaven

Key Points

· Provided overview of the Bluehaven Group.

· Bluehaven had aspirations to develop property in Bell Road, known as the Wairakei South Development.

· The Wairakei South area was approximately 350 hectares, with around half proposed as an ecological wetland area to manage stormwater and improve the water quality before it reached the Kaituna River. The remainder of the area would be a mixture of residential and employment/industrial land.

· Submissions had been made through the Smartgrowth Strategy and Bluehaven was now preparing to work through a private plan change process to re-zone land at Bell Road for urban development in the Western Bay of Plenty District Plan.

· The project was complex and a lot of modelling and engineering work had been undertaken to mitigate the acknowledged flooding issue in the area.

In Response to Questions

· Consents were already in place for the commercial centre.

· There would potentially be many new residential dwellings at Wairakei South upon completion of the Pāpāmoa East area.

· Some areas would need to be built up for flood management which would cause displacement but the proposed ecological wetland area would help with that.

· The fill used to build up the land was not coming from the dunes.

· Access to the area would be off the Pāpāmoa East Interchange (PEI) via a local road; this would require a southern leg from the PEI to be created.

Key Points Members

· Suggested that Bluehaven familiarise themselves with the goals and objectives of the Kaituna River Document and Action Plan.

· Tapuika and Waitaha needed to be part of the korero and in the mix.

2.4

Dissertation - Te Maru o Kaituna River Authority and Co-Governance

Presentation: Dissertation - Te Maru o Kaituna River Authority and Co-Governance: Objective ID A4666303

Presented By: Akira McTavish-Huriwai

Key Points

· Thanked the forum for the opportunity to present her dissertation.

· It had been a privilege to korero with interviewees Dean Flavell, Cr Matemoana McDonald, Pim de Monchy, Elva Conroy and Piki Thomas; to learn about their roles and how Te Maru o Kaituna had evolved since its inception.

· Felt fortunate to be able to focus on an area that she had whakapapa to; it had made the work more meaningful.

· The overarching question for the dissertation was “How does an effective form of co-governance produce positive environmental outcomes?”.

· This research was largely in response to the widespread discourse regarding the effectiveness and success that is generated by these co-governance entities.

· The research was grounded in a kaupapa Māori methodology, and conducted using a qualitative method.

· Divided the overarching research question into three research questions:

1. What factors contributed to the effectiveness of a co-governance entity? – included looking at the past for future learnings, honouring whakapapa, and relationships.

2. What were ways to mitigate the impacts of power imbalances to remain effective? – included Māori Councillors, tikanga-informed meetings, iwi-based Secretariat, and websites.

3. How could you bridge the gap between theoretical thinking and practical implementation? – included the Kaituna River Document, and Te Tini a Tuna: Kaituna Action Plan.

· Research conclusions:

- Building upon the past, creating seats at the table, relationships and leadership were key to an effective foundation.

- Māori councillors, iwi-based secretariat, and tikanga-informed meetings helped to mitigate inherent power imbalances which increased effectiveness.

- Creating accountability for the agency partners helped to bridge the gap between theory and practical implementation which created many positive environmental outcomes.

· Acknowledged that the journey for Te Maru o Kaituna was far from over but it was a great example of a co-governance structure.

In Response to Questions

· The biggest challenge in terms of the mahi was working 32 hours per week (at WSP) as a Graduate GIS Analyst as well as studying; in terms of the research topic, marrying the scope – focussed more on co-governance as a structure, rather than the outputs.

Key Points Members

· Congratulated Akira on her amazing presentation and the mahi involved.

· Suggested that the presentation be brought to a full BOPRC Council meeting.

3. Whakahoutanga Kōrero
Verbal Updates

3.1

Chairperson's Update

Presented by: Dean Flavell

Chairperson Dean Flavell provided an update for the Tapuika Iwi Authority primary (currently Dean Flavell, Chairperson) and alternate (currently Geoff Rice) representative roles on Te Maru o Kaituna River Authority as the three year terms for both roles would expire following this meeting. The Tapuika Iwi Authority confirmed that Dean Flavell would step down as Te Maru o Kaituna River Authority Chairperson and as their primary representative. It was also confirmed that Geoff Rice would be standing down as the alternate representative. Tapuika Iwi Authority had confirmed Jo’el Komene as the new primary representative, and Dean Flavell as the new alternate representative.

Formal agreement/confirmation of these appointments by Te Maru o Kaituna River Authority, and the election for a new chairperson, would take place at the Te Maru o Kaituna River Authority meeting on 16 August 2024.

4. Tuwhera ki te Iwi Whānui

Open Forum

· Nick Chater extended an invitation to Te Maru o Kaituna River Authority to present at the next “Green Drinks” event, held every second Wednesday of the month. Those interested could contact Nick for further information.

· Dean Flavell was acknowledged for his contribution to the establishment of this co-governance forum and the journey that co-governance has taken to get to this point.

· Geoff Rice was also acknowledged for his mahi over a number of years.

· This was Shad Rolleston’s last Te Maru o Kaituna River Authority meeting as TCC would have a newly elected council before the next meeting in August.

· A reminder that there was a new Māori ward in the upcoming TCC election. It would be great to see a number of good people nominated to stand.

5. Karakia Kati
Closing Karakia

A closing karakia was provided by Jo’el Komene.

1.10pm – the workshop closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	16 August 2024
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Steve Groom, Governance Manager Pim De Monchy, Coastal Catchments Manager
Kaupapa: Purpose:	To update and advise Te Maru o Kaituna River Authority on membership changes.

Change of Membership - Te Maru o Kaituna River Authority

Whakarāpopototanga
Executive Summary

This report is to advise Te Maru o Kaituna River Authority (the Authority) of the change to the following membership appointments after the expiry of their three year terms:

· Primary and Alternate representatives for Tapuika Iwi Authority (expired May 2024);

· Alternate representative for Te Tahuhu o Tawakeheimoa Trust (expired May 2024); and

· Primary and Alternate representatives for Tauranga City Council (expired July 2024).

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Change of Membership - Te Maru o Kaituna River Authority.

2 Confirms the appointments of Jo’el Komene as the Primary member for Tapuika Iwi Authority and Dean Flavell as the Alternate member.

3 Confirms the appointment of . . . . . . . . . . . . as the Alternate member of Te Tahuhu o Tawakeheimoa Trust.

4 Confirms the appointments of . . . . . . . . . . . . as the Primary member for Tauranga City Council and . . . . . . . . . . . . as the Alternate member.

1. He Whakamārama
Background

Changes to Authority membership appointments are referred to the Authority for confirmation as set out by the Local Government Act 2002 (LGA) and the Tapuika Claims Settlements Act 2014 (Settlement Act).

2. Membership Appointments

Membership appointments to the Authority as defined in the Settlement Act are for a term of three years, and Members may be reappointed.

The three year terms for the Primary and Alternate representatives for Tapuika Iwi Authority expired in May 2024. Bay of Plenty Regional Council (BOPRC) received advice from Tapuika Iwi Authority confirming that Dean Flavell would step down as Te Maru o Kaituna River Authority Chairperson and as their Primary representative. It was also confirmed that Geoff Rice would be standing down as the Alternate representative. Tapuika Iwi Authority confirmed Jo’el Komene as the new Primary representative, and Dean Flavell as the new Alternate representative.

The three year term for the Alternate representative for Te Tahuhu o Tawakeheimoa Trust expired at the end of May 2024. No advice has yet been received from Te Tahuhu o Tawakeheimoa Trust regarding the appointment and the Alternate representative position is currently vacant. If advice is received by the time of the meeting, it will be tabled on the day to be confirmed. If no advice is received, the Alternate position will remain vacant until such time as advice is received and will then be confirmed at the next meeting of the Authority.

The three year terms for the Primary and Alternate representatives for Tauranga City Council (TCC) expired prior to the election in July 2024. TCC are set to confirm the new Authority membership appointments at their Council meeting on 15 August 2024. The appointments will be tabled at this meeting to be confirmed.

3. Current Membership

Te Maru o Kaituna River Authority membership as at 1 August 2024.

3.1 Territorial Authorities

· Bay of Plenty Regional Council Toi Moana – Cr Matemoana McDonald (Primary) (Deputy Chairperson) and Cr Te Taru White (Alternate).

· Rotorua Lakes Council – Mr Nick Chater (Lakes Community Board) (Primary) and Cr Lani Kereopa (Alternate).

· Western Bay of Plenty District Council – Cr Andy Wichers (Primary) and Cr Grant Dally (Alternate).

· Tauranga City Council – vacant (Primary) and vacant (Alternate) – to be tabled and confirmed at this meeting

Territorial Authority appointments are made at the beginning of each triennium (next local body election in 2025 – appointments to be confirmed at the first meeting of the Authority in 2026), noting that the TCC election held in July 2024 was for a term of four years (next TCC local body election in 2028 – appointments to be confirmed at the first meeting of the Authority in 2029).

3.2 Tapuika Iwi Authority

Jo’el Komene (Primary) and Dean Flavell (Alternate), due third meeting 2027.

3.3 Te Pumautanga o Te Arawa Trust

Piki Thomas (Primary) and Rawiri Kingi (Alternate), due first meeting 2026.

3.4 Te Tāhuhu o Tawakeheimoa Trust

Nicki Douglas (Primary), due second meeting of 2026, and vacant (Alternate).

3.5 Tapuika Iwi Authority and Te Kapu o Waitaha

Vacant.

3.6 Informal Appointments

· Te Komiti Nui o Ngāti Whakaue - Maru Tapsell (Primary) and Karena Bird (Alternate), due third meeting of 2025.

· Bay of Plenty Regional Council Toi Moana – Cr Jane Nees, due first meeting of 2026.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

4.2 Ngā Pānga ki te Māori
Implications for Māori

The matters addressed in this report are of a procedural nature where there are no significant implications for Māori associated with the decision.

4.3 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required as the recommendation relates to internal Council matters only.

4.4 Ngā Pānga ā-Pūtea
Financial Implications

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

5. Ngā Mahi Whai Ake
Next Steps

Membership appointment reviews and update reports will be ongoing as they fall due.



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	16 August 2024
Kaituhi Pūrongo: Report Writer:	Pim De Monchy, Coastal Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To report the Authority’s 2023/2024 financial position and propose the Authority’s 2024/2025 budget.

2023/24 Annual Report and proposed budget for 2024/25

Whakarāpopototanga
Executive Summary

This report summarises the financial position of Te Maru o Kaituna River Authority (the Authority), provides a draft Annual Report for the 2023/24 year, and presents a draft 2024/25 Annual Budget for consideration.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, 2023/24 Annual Report and proposed budget for 2024/25;

2 Adopts the attached 2023/24 Annual Report, acknowledging the contributions from partner agencies;

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

4 Amends and adopts the Annual Budget for 2024/25 to achieve its priorities.

1. He Whakamārama
Background

As part of the Cultural Redress under the Tapuika Deed of Settlement, Te Maru o Kaituna River Authority was provided with funding of $250,000 as a contribution to its operations and to prepare the River Document.

The purpose of the funds is set out in the Tapuika Claims Settlement Act as follows:

Administrative and technical support of Kaituna River Authority

5.54 On the effective date, the Crown will provide $250,000 to the Kaituna River Authority as a contribution to the costs of:

5.54.1 the initial operation of the Kaituna River Authority; and

5.54.2 the preparation and approval of the first Kaituna River Document.

The Bay of Plenty Regional Council Toi Moana (Regional Council) is responsible for the administrative support of the Authority and must hold account separately and spend the funds as directed by the Authority.

BOPRC must complete an annual report each year ending 30 June for the preceding 12 months, describing the Authority’s activities and explaining the relevance of the activities to the Authority’s purpose and functions: this is said report.

2. 2023/24 Annual Report

2.1 Financial Report – 1 July 2023 to 30 June 2024

Te Maru o Kaituna River Authority Funds
Opening Bank Balance – as at 1 July 2023		$192,413.59
Plus receipts
Interest Credit		$10,623.22
Less expenditure
Operating expenses	-$10,000.00
Closing Bank Balance – as at 30 June 2024		$193,036.81

For the period 1 July 2023 until 30 June 2024, the Authority earned $10,623.22 in interest, and spent $10,000.00 on project expenses.

2.2 Activity Report

The Annual Report on the Authority’s activities in 2023/24 is attached (see Attachment 1).

3. 2024/25 Annual Budget

3.1 Table 1: Potential budget items for consideration by TMoK

Item	TMOK Budget
Te Ngaio o Kaituna project	$5,000
Kaituna Awa Symposium (early-mid 2025)	$5,000
Provision for professional planning and legal support and advocacy through potential plan changes in the catchment	$20,000
Lawrence Oliver Park wetland project	$5,000
Waiari swimming site access improvement	$5,000
Giant kokopu translocation	$500
Total	$40,500

Note that costs borne by member organisations in their work to support the Authority are not included in this budget as they are expected to lie where they fall, including costs associated with the Authority’s Secretariat/Project Support from Toi Moana. The Project Support contract is worth $100,000 for the eighteen months ended 30 June 2025.

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

4.2 Huringa Āhuarangi
Climate Change

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

4.3 Ngā Pānga ki te Māori
Implications for Māori

There are positive significant implications for Māori associated with this matter, as it gives effect to a co-governance entity’s action plan arising out of a treaty settlement.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required for these decisions, but the Authority comprises members drawn from the Kaituna catchment communities.

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

This paper outlines work that aligns with Toi Moana’s Strategic Framework.

4.6 Ngā Pānga ā-Pūtea
Financial Implications

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

5. Ngā Mahi Whai Ake
Next Steps

The next annual report and budget will be completed following the 2024/25 financial year and presented to the Authority.

Tuhinga Tautoko
Attachments

Attachment 1 - Te Maru o Kaituna River Authority Draft Annual Activity Report 2023 2024 ⇩



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	16 August 2024
Kaituhi Pūrongo: Report Writer:	Ashleigh Grant, Kaikarere (Communications Partner)
Kaiwhakamana Pūrongo: Report Authoriser:	Kataraina O'Brien, General Manager, Strategic Engagement
Kaupapa: Purpose:	To inform Te Maru o Kaituna River Authority of the outcome of Te Mahere Tūroa \| Long Term Plan adoption

Outcome of Te Mahere Tūroa | Long Term Plan 2024 - 2034

Whakarāpopototanga
Executive Summary

Toi Moana adopted Te Mahere Tūroa | Long Term Plan 2024-2034 (LTP) on June 26, 2024. The LTP will set the strategic direction for Toi Moana over the next ten years, including the work we deliver, and how that work will be funded.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Outcome of Te Mahere Tūroa | Long Term Plan 2024 - 2034.

1. He Whakamārama
Background

Every three years we work with our community to create a Long Term Plan (LTP). The LTP sets the strategic direction for Toi Moana over the next ten years, including the work we deliver and how that work will be funded. Effective consultation with the community ensures that we make the right decisions for future generations. Toi Moana is also committed to ensuring we improve opportunities for Māori to contribute to local government decision making, including through the LTP.

During the consultation, we proposed a dedicated community outcome Te Ara Poutama, which focuses on how Toi Moana will continue to work collaboratively with Māori over the next ten years. This will provide direction and identify key actions that are required across Toi Moana to enhance our partnerships with Māori.

This report provides an update on the outcomes of the LTP 2024-2034 that are most relevant to kaupapa Māori initiatives and the Tarawera Awa co-governance area.

2. LTP Consultation with Māori

2.1 Submissions received

The development of the LTP involved comprehensive engagement with tangata whenua using a tailored and targeted approach to encourage participation and provide opportunities for Māori to contribute to the decision-making process.

79 of the 386 submissions Council received were from Māori. Council received positive feedback from tangata whenua regarding the LTP consultation approach which involved direct engagement with iwi and hapū, use of the Friend of the Submitter service to support written submissions and the opportunity to present at a Marae hearing.

2.2 Ngā Whakatau Matua | Key Decisions

Council consulted on three consultation topics and made the following decisions based on the submissions received.

How should we fund Public Transport in urban centres across the region?

· Rates funding for public transport in urban areas to be 90% from targeted rates and 10% from general rates. This recognises the region-wide benefits of public transport including reduced traffic congestion for all road users, lower regional carbon emissions and improved air quality, as well as public health and social wellbeing benefits.

Do you agree with our proposal to enable a managed sell down in our Port of Tauranga Limited shareholding to no less than 28%?

· We consulted on a proposal to enable a managed sell down in the Port of Tauranga Limited shareholding from 54.14% to a minimum of 28%. Council resolved to pursue a sell down process. Before a sale can go ahead Council will consider and approve details of the process to be followed and approve the conditions of any sale of shares.

Should Regional Council investigate new opportunities for regional parks?

· Investigations for potential regional parks were approved.

2.3 Te Ara Poutama – The Pursuit of Excellence

There was overwhelming support expressed for the new fifth community outcome, Te Ara Poutama and other key matters pertinent to tangata whenua through written submissions and oral presentations. Through its deliberations, Council approved a number of recommendations to support work to embed Te Ara Poutama.

This includes:

· The establishment of a Regional Māori Initiatives Fund (RMIF) with funding of $200,000 per annum for the first three years of the LTP;

· The development of a RMIF policy in year 1 of the LTP, to be reviewed in year 3 of the LTP;

· The establishment of a Regional Co-Governance Secretariat Fund with funding of $200,000 per annum for the first three years of the LTP;

· The development of a RCSF policy in year 1 of the LTP, to be reviewed in year 3 of the LTP;

· An increase in funding to support the development of Iwi and Hapu Management Plans from $70,000 to $140,000 per annum;

· The development of a Treaty of Waitangi/Te Tiriti Policy; and

· The development of a Social Procurement Policy.

The timeframes for progressing the above decisions and policies will be considered by Komiti Māori at its hui on 27 August 2024.

Staff are continuing to review all submissions related to Te Ara Poutama to understand what issues and opportunities Council can support going forward. Many of the submissions addressed multiple kaupapa and will require an integrated approach across Council.

Regional Co-Governance Fund

Staff are currently drafting a policy for the Regional Co-Governance Fund. The fund will be available for existing and future Treaty Co-Governance Forums. Funding criteria should be aligned to specific projects/outcomes and distinct from Crown contribution funding conditions for co-governance forums. The aim is to have the Regional Treaty Co-Governance Fund approved at the October 2024 Komiti Māori hui.

3. Ngā Whakaarohanga
Considerations

There are no significant risks associated with this matter/subject/project/initiative.

3.1 Huringa Āhuarangi
Climate Change

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

3.2 Ngā Pānga ki te Māori
Implications for Māori

The LTP sets the strategic direction for Toi Moana over the next ten years, including the work we deliver and how that work will be funded. Māori hold a unique role in shaping and contributing to regional leadership and direction as a te Tiriti/Treaty partner.

Council must use the special consultative procedure in adopting the LTP under sections 93(2) and 93A of the LGA. This requires Council to clearly present the significant issues, plans and projects proposed for the LTP and provide an opportunity for the community to give feedback that will help to inform the final decision-making. Under section 81(1)(a) of the LGA, Council must also establish and maintain processes to provide opportunities for Māori to contribute to decision making.

Toi Moana committed to providing opportunities for effective consultation with Māori on the LTP 2024-2034.

3.3 Whakawhitiwhiti ā-Hapori
Community Engagement

We will continue to strengthen relationships and engagement processes and will report to this committee on relevant Kaupapa.

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

The services we deliver and how they are funded that are set in the LTP, are therefore relevant to the purpose of the Tarawera Awa Strategy Group. This includes how we aim to partner with Māori in achieving shared outcomes over the next ten years.

3.5 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications.

4. Ngā Mahi Whai Ake
Next Steps

Staff across the organisation are developing service plans to implement LTP actions.



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	16 August 2024
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Steve Groom, Governance Manager Pim De Monchy, Coastal Catchments Manager
Kaupapa: Purpose:	To consider the appointment of a Chairperson.

Appointment of Chairperson - Te Maru o Kaituna River Authority

Whakarāpopototanga
Executive Summary

Te Maru o Kaituna River Authority (the Authority) members are asked to consider the appointment of a Chairperson. This paper provides members with the legislative background and process to make this appointment.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Appointment of Chairperson - Te Maru o Kaituna River Authority.

2 Selects System . . . . as the voting system for appointing a Chairperson.

Moved/Seconded

3 Appoints . . . . . . . . . . . . . . . . as Chairperson of the Authority for a term of three years pursuant to the Tapuika Claims Settlement Act 2014.

Moved/Seconded

1. He Whakamārama
Background

In May 2024 Dean Flavell’s term as Chairperson for the Authority lapsed. Mr Flavell announced at the 3 May 2024 meeting of the Authority that he would not be seeking re-appointment to the Chairperson position.

Deputy Chairperson, Cr Matemoana McDonald, will Chair the meeting until a new Chairperson is appointed.

2. Appointment process

Chairperson appointments to the Authority are for a term of three years. The appointment made at today’s meeting will be due for renewal at the third meeting of 2027.

Below are the voting systems, steps, and ground rules to be used when appointing a Chairperson as identified in the Schedule 7 of the Local Government Act 2002 (LGA) and Schedule 5 of the Tapuika Claims Settlement Act 2014 (Settlement Act).

2.1 Voting Systems

When electing a Chairperson, the Authority must resolve to use a voting system set out under the Local Government Act 2002 (LGA). There are two systems to choose between:

System A

(a) Requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) Has the following characteristics:

(i) there is a first round of voting for all candidates; and

(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

System B

(a) Requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b) Has the following characteristics:

(i) there is only 1 round of voting; and

(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.

Staff recommend the Authority uses System B as the voting system.

2.2 The voting process steps

1. The Authority resolves to adopt a voting system and the procedure in the event of a tie.

2. Nominations for the Chairperson are called for (nominated and seconded).

3. Nominees may be allowed up to 10 minutes to make a presentation.

4. Voting for the election of the Chairperson as per agreed system.

5. Chairperson declared elected and assumes the Chair.

2.3 Ground rules

1. A member may nominate or second themselves.

2. Any member can call for a Division.

3. Standing Orders apply – Divisions will be carried out with names called in random order.

4. Any member can abstain from voting.

In the event of a tie between the highest (and/or lowest) polling candidates, the names of the candidates receiving an equal number of votes be put into a container and the candidate drawn out, by an independent person (such as the Committee Advisor), is to be elected.

3. Eligibility and voting

3.1 Who is eligible?

Only Primary members of the Authority are eligible to be nominated.

3.2 Can Primary members be nominated if not present at the meeting?

Yes; however, Primary members who are unable to attend the meeting but are willing to accept a nomination, must provide confirmation of this to the Deputy Chair or Committee Advisor prior to the meeting.

3.3 Who can nominate?

Primary members (or Alternate members if the primary is not present), and Informal members can nominate.

3.4 Who can Vote?

Primary members (or Alternate members if the primary is not present), and Informal members can vote.

3.5 Consideration of quorum requirements

It may be worth considering quorum requirements when considering the appointment process.

The quorum for a meeting of the Authority is:

(a) the chairperson or deputy chairperson; and

(b) 2 members appointed by the iwi appointing organisations; and

4. Ngā Whakaarohanga
Considerations

4.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

4.2 Huringa Āhuarangi
Climate Change

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

4.3 Ngā Pānga ki te Māori
Implications for Māori

The matters addressed in this report are of a procedural nature where there are no significant implications for Māori associated with the decision.

4.4 Whakawhitiwhiti ā-Hapori
Community Engagement

Engagement with the community is not required as the recommendation relates to internal Council matters only.

4.5 Ngā Pānga ā-Pūtea
Financial Implications

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

5. Ngā Mahi Whai Ake
Next Steps

The appointment of the Chairperson will remain in place for three years from the date the appointment was made or until such time as the position is vacated.

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



Report To:	Te Maru o Kaituna River Authority
Meeting Date:	16 August 2024
Report Writer:	Fiona Wood, Programme Coordinator Integrated Catchments
Report Authoriser:	Pim De Monchy, Coastal Catchments Manager
Purpose:	To provide an update of Outputs within the Te Maru o Kaituna Action Plan