Agenda of Monitoring and Operations Committee

Monitoring and Operations Committee Minutes

11 June 2024

Monitoring and Operations Committee

Open Minutes

Commencing: Tuesday 11 June 2024, 9.30 am

Venue: Mataatua Room, Bay of Plenty Regional Council Toi Moana (BOPRC), Level 1, 5 Quay Street, Whakatāne and via Zoom (Audio-Visual meeting)

Chairperson: Cr Kevin Winters

Deputy Chairperson: Cr Ron Scott

Members: Cr Stuart Crosby

Cr Toi Kai Rākau Iti (via Zoom)

Chairman Doug Leeder

Cr Matemoana McDonald

Cr Jane Nees

Cr Lyall Thurston (via Zoom)

Cr Andrew von Dadelszen (via Zoom)

Cr Te Taru White (via Zoom)

Cr Malcolm Campbell

Cr Ken Shirley

In Attendance: Fiona McTavish – Chief Executive, Namouta Poutasi – General Manager, Strategy and Science, Mat Taylor – General Manager, Corporate, Chris Ingle – General Manager, Integrated Catchments, Reuben Fraser – General Manager, Regulatory Services, Presenters – as listed in the minutes, Amanda Namana – Committee Advisor

Apologies: Cr Paula Thompson, Cr Kat Macmillan

1. Apologies

Resolved

That the Monitoring and Operations Committee:

1 Accepts the apologies from Cr Thompson and Cr Macmillan tendered at the meeting.

Scott/Campbell

CARRIED

2. Declaration of Conflicts of Interest

None declared.

3. Minutes

Minutes to be Confirmed

3.1

Monitoring and Operations Committee Minutes - 5 March 2024

Matters Arising

In relation to Minute Item 4.3 Kaituna Re-Diversion and Maketū Estuary, it was noted that a public meeting had been scheduled for 6pm, Tuesday 18 June 2024 at Maketū Community Centre. This was to be co-led by BOPRC staff, community board staff and local iwi - an invitation to the event would be sent to members.

Resolved

That the Monitoring and Operations Committee:

1 Confirms the Monitoring and Operations Committee Minutes - 5 March 2024 as a true and correct record.

Scott/Campbell

CARRIED

4. Presentations

4.1

Land Optimisation for Fresh Water Quality Restoration

Presentation: Land optimisation for fresh water quality restoration: Objective ID A4697822

Presented by: Alison Dewes and John Burke

Key Points:

· New Zealand farmers were facing significant pressures and change within a short timeframe

· Recommended that members read the Kerry Warsnop paper on designing agricultural policy for a future in farming: The mountain we need to climb: Kerry Warsnop - February 2024.

9.45 am – Cr Matemoana McDonald entered the meeting.

· Unprecedented levels of challenges were ahead, overlayed by climate change effects

· Outlined global risks by category and ranked by severity over the short and long term, including the biggest challenges these created for low-lying areas

· Highlighted the scale of the problem for heavily impacted estuaries in the region

· Explored land use transition and noted that 58% of farms in the catchment alone had unlined ponds

· Noted that good management practices would not be enough to resolve the issues

· Food systems were exerting significant pressures on the environment

· Farmers desired straight-forward, clear messaging to ensure correct interpretation and action, particularly for regional plans, policies and rules

· Moving forward, consumer pressure and catchment groups working with regional councils and tangata whenua would be required to assist farmers in moving forward with agility and pace

· Described a ‘market ready farm’ as one that could be handed down to future generations as well as being market ready for global and trade partner requirements

· Animal numbers across coastal Bay of Plenty and dairy farms were declining due to a range of pressures on farmers

· Considered that the calculator used for dairy effluent compliance did not take into account additional weather events, nor the higher frequency of saturated soils

· Highlighted the importance of aligning what the market required with regional council planning and requirements. Outlined the actions regional councils needed to take to better support land use change at catchment scale

· Developing a landscape plan for catchments was critical, along with looking ahead to understand the requirements for land use change in the long term, including considering climate change and sea level rise to achieve objectives

· Farmers required economic incentive to assist in land use change.

Key Points - Members:

· Congratulated John Burke for recently being recognised with the Cawthron National Freshwater Champions award

· Building strong relationships would play an important part in moving forward, as would fostering inter-generational change

· It was important to look at the overall macro-economic drivers facing the country, rather than the problem in isolation.

In Response to Questions:

· Considered that early adopters of nitrogen trading arrangements were not always rewarded as expected

· E coli was the most readily available proxy for councils to test for pathogenic bacteria in the environment with minimal waste, however this was a somewhat crude option for testing as there were many bacteria it did not pick up

· Bacteria lived in sediments and formed biofilms on the sediment which required more frequent testing and over a longer period of time

· Clarified that the detail in the slide referring to 58% of dairy effluent ponds being unlined should have referred to 58% of farms in the catchment not up to ‘best management practice’ when looked at in 2016, a component of which included unlined ponds. Many of the consents needed to be brought up to ‘good management practice’ by 2025. Staff clarified that our approach is to require effluent systems to be upgraded when consents expire and replacement consents are sought.

4.2

Maritime New Zealand Oil Spill Response Capacity

The Chair advised that this presentation would be deferred to a future meeting to accommodate the availability of presenters.

5. Reports

5.1

Chairperson's Report

Presentation: Cutwater Road wetland restoration new approach: Objective ID A4697823

Presentation: He Rāhui Herenga Waka Whakatāne Site: Objective ID A4697819

Tabled Document 1 - Letter to Iwi and Councils - Rainbow Mountain Renewable Energy: Objective ID A4698160

Presented by: Reuben Fraser – General Manager, Regulatory Services and supported by staff listed below.

Cutwater Road Wetland Restoration – Pim de Monchy, Coastal Catchments Manager and Braden Rowson, Team Leader, Coastal Catchments

Key Points:

· Provided a concept redesign update which included 20 hectares of coastal wetland and 10 hectares of treatment wetland

· Current costings for this option remained approximately the same as costs in the Long Term Plan

· This option would achieve the primary objective of cleaning up the estuary by reducing contaminant load

· Fish passage options would need to be considered

· Outlined the benefits and disadvantages, and the next steps.

In Response to Questions:

· The water would likely remain in the wetland for three to four days. The low-lying nature of the land meant that the water volume was manageable and consistent throughout the year

· Considered this was a good option which responded to the challenges of water quality and climate change adaptation

· The proposal was to retain the stopbanks around the land, isolating it from tidal flows

· Some enhancement planting was planned to achieve the outcomes.

He Rāhui Herenga Waka Whakatāne Site - Pete McLaren, Compliance Contractor and Fraser Toulmin, Compliance Team Leader, Land Use

Key Points:

· Barriers to getting the project underway that were within BOPRC’s control were:

o Certification of the last site and soil contamination management plan

o Finalisation and payment of the bond, for which the final amount needed to be recalculated by assessing the risk through the management plan. The terms of the bond agreement had been agreed by all parties

· Provided a history of the site and Soil Containment Management Plan

· Containment Site 3 (CS3) was BOPRC owned

· The consent was granted by the Environmental Protection Authority (EPA) in June 2022 and BOPRC staff requested more work be undertaken due to suspecting further contamination at the site

· Whilst dioxins were present at trace levels throughout most of the site, results of testing showed levels in the northern side were high enough that the waste could not be left in place, nor could it be put outside of a secure, contained area. The source of this was different from the majority of waste onsite and likely came from Pinex sawmill waste in the 1980s

· The developer’s proposal was that available space in CS3 be used for the containment of this waste. BOPRC policy was that any additional waste would require a change to the consent

· The site included material dredged from Kopeopeo Canal and staff did not want to risk interference with bioremediation efforts already underway, although noting that the risk was small

· Dioxins were persistent chemicals that did not break down but did bind strongly to sediment and organic matter

· Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) were present across site in low concentrations but caused large concerns and posed the risk of potentially contaminating other sites in future.

In Response to Questions:

· The bond was able to be reviewed annually and there was a separate bond for Stage 1 and Stage 2

· The wood waste was proposed to be dug out and stockpiled on Stage 3 before being sorted

· Clarified that the bond was in place to ensure compliance with the consent, not to complete remediating the site

· The material that the wood had been treated with in the old Pinex sawmill was Pentachlorophenol (PCP) and dioxin was present in this as a trace contaminant (by-product)

· The groundwater which interacted with the Whakatāne River was known to be contaminated, however levels of contamination in the river were unknown

· The developer’s disposal site options were not known but would require consent.

11.17 am – The meeting adjourned.

11.30 am – The meeting reconvened.

Chairperson's Report (Continued)

Key Points - Members:

· Requested staff report back on the Environmental Protection Authority (EPA) decision to extend the use of methyl bromide.

In Response to Questions:

· Toi Te Ora commissioned a health risk assessment relating to air quality in Mount Maunganui. The report had findings around the impact of air quality on people’s health and BOPRC, along with Tauranga City Council would like to use these findings in planning and resource consent decisions. The EnviroNet report in the agenda was commissioned to provide certainty around the reliability of the data and approach used - staff would request the author, Emily Wilton speak at a future meeting

· Generally ‘low risk non-compliance’ referred to something that was not having an acute environmental effect e.g. irrigator calibration (technical non-compliance for records not being sent through)

· Farmers’ input was required to complete compliance audits, inspections were generally held at the same time of year and usually with 24 - 48 hours’ notice

· Abatement notices in the Rotorua airshed were issued to landlords in the first instance for permitting the activity. There was a good response from landlords quickly replacing the home heating to resolve the issue

· There was a National Institute of Water and Atmospheric Research (NIWA) low-cost sensor project currently underway in Rotorua and BOPRC staff had clarified that all conditions of the contract would be fully met, despite upcoming staff redundancies throughout the NIWA organisation. Staff would draft a letter to NIWA seeking confirmation of this, to be signed by the Committee Chair

· The issue that the Ballance infringement notices were issued for related to a standard stack test carried out on the manufacturing plant and a sulphur dioxide breach was identified which exceeded their consent limits. The issues have been resolved and compliance has been achieved subsequently

· The pollution hotline continued to receive many calls regarding odour in the Mount Maunganui industrial area, noting that these were often not able to be substantiated.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

Winters/Crosby

CARRIED

Information Only

5.2

Maritime Operations Summer Initiatives

Presentation: Maritime Team Update: Objective ID A4697821

Presented by: Jon Jon Peters - Bay of Plenty Harbourmaster

Key Points:

· Dealing with abandoned and derelict vessels held its own challenges due to the legal ramifications

· The focus for summer would include the eastern areas of the region

· The maritime Safer Boating campaign finished with 1.2M impressions, with Facebook being the main awareness driver

· The fatality rate on the water of those not wearing lifejackets was three times higher than people who did, stand up paddleboard users had been noted as the least compliant

· Less activity on the water during summer had been noted across the country compared to previous years

· Provided nationwide Safer Boating Survey statistics and noted that taking a way to be able to call for help when heading out on the water was critical

· MV Achilles bulker ship came close to running aground on 24 July 2023 due to steering failure caused by loss of its rudder. Due to the serious navigational risk posed, a Harbourmaster Direction was issued to the ship, subsequently the ship was arrested via a court order which the Harbourmaster used to carry out the arrest by the court officers.

Key Points - Members:

· Noted the signage for jetskis at Ōhiwa Harbour needed to be clearer and the Harbourmaster confirmed changes were pending following the new navigational safety bylaws being adopted.

In Response to Questions:

· The source of the recent oil spill had still not been determined, with a suspected ship being examined.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Maritime Operations Summer Initiatives.

McDonald/Campbell

CARRIED

5.3

Climate Change Quarterly Report

Presented by: Nic Newman – Climate Change Programme Manager

Key Points:

· A community-led adaptation project was underway across the Eastern Bay of Plenty, focusing on Opape, Tōrere and Maraenui to assist in planning for community readiness in terms of climate change and extreme weather events

· Initial discussions were underway with community leaders at Lake Rotoehu and Lake Rotomā around how council could potentially support future adaptation

· Whakatāne District and Tauranga City Councils were planning to undertake global risk assessments for climate change, which would assist in building upon regional risk assessments

· Outlined initial results from NIWA regarding blue carbon samples taken, however the full report was yet to be received

· The Regional Energy Transition Accelerator (RETA) project was complete and local businesses could use the information regarding opportunities for energy transition from this for forward planning. Staff were also undertaking work in the Tauranga geothermal field

· The Western Bay of Plenty circular economy project looked at construction waste and identified opportunities in this space going forward.

In Response to Questions:

· The Bay of Plenty had been chosen by the Aotearoa Circle due to the size of the region, the available data from work already undertaken, along with having an engaged community.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Climate Change Quarterly Report.

Crosby/Leeder

CARRIED

5.4

ICM Swimmability KPI and Land Management Action

Presentation: ICM Swimmability KPI and Land Management Action: Objective ID A4697817

Presented by: Jackson Efford - Principal Advisor, Land and Water and James Dare – Environmental Scientist, Water Quality

Key Points:

· Highlighted the different mitigations funded by BOPRC for environmental and water quality outcomes (within council’s sphere of influence)

· The wider the buffer (e.g. riparian setbacks), the greater the contamination removal that could be achieved

· Treatment wetlands and detainment bunds had been proven to have highly successful outcomes in contamination reduction, although they were expensive to build

· For the Key Performance Indicator (KPI) the current methodology used was ‘Table 9’ from the National Policy Statement for Freshwater Management (NPS-FM), as when it was first established this was the only table that considered faecal contamination

· Both the ‘average’ method (69.6% of sites deemed swimmable) and the ‘worst’ method (39.1% sites deemed swimmable) were currently being used for reporting

· Noted that sites often failed on the 95^th percentile statistic (rainfall events). Proposed a new approach involving a rainfall threshold for each of the sites, which separated rainfall affected results from non-rainfall affected results. This would also be a more reflective output of land management activity (potential to detect ‘improvements’ at baseflow as a result of the mitigations funded)

· The new approach was being reviewed externally, as well as by auditors before being adopted into the Long Term Plan (LTP)

· Utuhina drinking water at Pukehangi Road was in poor condition despite its proximity to Karamu Takina Spring, as the upper Utuhina catchment was a mix of pastural and forestry with a separate source which was not hydraulically connected to the spring.

Key Points - Members:

· It was important to continue to be able to track short and long term trends to analyse going forward

· Cautioned over drawing a correlation between integrated catchment management initiatives and rainfall data without understanding the intensity, duration and geology.

In Response to Questions:

· General advice was to not swim if the water was turbid or within 48 hours following rainfall, however different catchments responded differently to rainfall events and this had been taken into consideration during analysis

· Agreed protocol came from the microbiological water quality guidelines and the National Policy Statement for Freshwater Management (NPS-FM)

· Both sets of data would be reported with the new approach, however targets would be set with the rainfall-removed analysis

· The Ohau channel was one of the sites deemed to be not heavily affected by rainfall and the classification came from the NPS-FM Table 22

· Noted the complications involved in pulling the different data sources together

· The swimmability KPI had changed several times since it was developed due to changes in the NPS-FM, and the new methodology sought to address this.

Resolved

That the Monitoring and Operations Committee:

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

McDonald/Crosby

CARRIED

12.33 pm – Cr Shirley withdrew from the meeting.

5.5

Findings from NIWA's 'Doubling on-farm diffuse pollution mitigation programme'

Presentation: Doubling on-farm diffuse pollution mitigation programme overview: Objective ID A4697999

Presented by: Dr Chris Tanner (via Zoom)

Key Points:

· Outlined the specific research aims of the ‘Interceptor Project’

· Five interceptive mitigations included riparian buffers, woodchip bioreactors, filamentous algal nutrient scrubbers, constructed wetlands and detainment bunds

· Grass filter strips were particularly effective in removing fine sediment, however planted zones with deeper roots helped remove nutrients from shallow groundwater and provided more ecological benefits

· Ideally, the width of the riparian buffer needed to change depending on how much catchment up-slope would drain to it

· Woodchip filters were suitable for treating nutrients in tile drainage with low sediment loads and aimed to provide an organic carbon source that slowly released

· Outlined work undertaken and findings from carbon dosing field trials

· Provided phosphate concentration results from modifying wood chips

· Filamentous algae from nutrient scrubbers (FANS) could be put back on farmland as a slow release fertiliser and had potential for other uses. There were three different operation modes being trialled, a performance comparison with constructed wetlands and full-scale harvest methods

· Detention/detainment bunds were most relevant for upland areas with more rolling country where sediment associated contaminants were important

· Explained the key contaminant removal process for surface-flow constructed wetlands and how runoff flow paths were intercepted

· Each mitigation method provided different benefits and mitigated a range of contaminants

· Te Rere Maniatutu wetland was 1.9 hectares and received inflow from surface drainage and groundwater. Summarised findings to date of contaminant concentration reduction through monitoring data

· Monitoring needed to be completed over a period of time to ensure the full spectrum of flow events was captured

· Outlined what was needed to accelerate implementation including rules and policies that promoted rather than inhibited uptake.

In Response to Questions:

· Water at Te Rere Maniatutu wetland remained an average of two to three days, fluctuating to three to four hours during large weather events.

Resolved

That the Monitoring and Operations Committee:

1 Receives the presentation, Findings from NIWA's 'Doubling on-farm diffuse pollution mitigation programme'.

Campbell/Scott

CARRIED

5.6

Rates Collection Status Update

Presented by: Jo Pellew – Rates Manager.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Rates Collection Status Update.

Crosby/McDonald

CARRIED

1.38 pm – the meeting closed.

Confirmed

Cr Kevin Winters

Chairperson, Monitoring and Operations Committee



Report To:	Monitoring and Operations Committee
Meeting Date:	3 September 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

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

The agenda of this Monitoring and Operations Committee meeting contains a report on Compliance Activity during the 2023/34 year. The update below outlines the key enforcement matter of interest since that period.

On 17 July 2024 Council received Judge Dickey’s sentencing for Bay of Plenty Regional Council v Badala Orchard Limited, Baygold Limited and P3 Earthworks Limited. The case related to earthworks undertaken to recontour land for the development of a kiwifruit orchard on Ōtamarākau Valley Road. Works were not undertaken in accordance with their resource consent and the failure of a poorly constructed sediment retention pond resulted in sediment laden water discharging from the site (see photo overleaf).

Badala Orchard Limited as the consent holder were charged and convicted for a breach of s15(1)(b) of the Resource Management Act, by discharging sediment laden stormwater which may have resulted in the contaminant entering water. Her Honour took a $35,000 starting point (we had sought $50,000 and Badala sought less than $30,000). This was influenced by the professional advice Badala had taken from Stratum, Baygold and to a lesser extent P3. Her Honour found that Badala’s conduct was careless given the number of non-compliances on site. The end sentence was a fine of $24,500 for Badala.

Baygold Limited and P3 Earthworks Limited were charged and convicted for contravening s9(2) of the Resource Management Act by undertaking earthworks in contravention of the conditions of the resource consent.

Baygold Limited were contracted by Badala to undertake the full development including regulatory management, earthworks, orchard construction and planting of the site. Judge Dickey took a starting point of $35,000 (which was higher than the $20,000 we sought and much higher than the $10,000 Baygold had argued for). She held that Baygold’s culpability was higher than P3’s due to it being the head contractor. She rejected Baygold’s application for discharge without conviction and agreed with our point that their evidence did not identify how much of the ‘remediation’ cost was actually remediation and how much was repair of the pond. She did acknowledge that their cooperation and efforts to address the damage went beyond what is normally seen in these cases and gave them additional credit for this. The end sentence was a fine of $22,750 for Baygold Limited.

P3 Earthworks Limited were engaged by Baygold Limited to carry out the earthworks on site and constructed the sediment retention pond that failed. Judge Dickey agreed with our starting point of $20,000 and settled on a final fine of $14,000.

This was a complex case that involved a number of different parties, and the outcome is the result of some great work done across the whole compliance team including our in-house legal Counsel Hayley Sheridan who represented Bay of Plenty Regional Council on this matter.

2.2 Resource Consents Update

2.2.1 Consents of Interest

These are the key consent matters of interest in the period since the last Committee meeting in June 2024.

Following the consent hearing for Ballance’s discharge to the harbour (Mt Maunganui) the applicant has consulted with Ngati Kuku on conditions for a short-term consent. The consent is expected to be granted in the next three weeks.

Updates on the Covid-19 Fast-track process applications which were lodged with the Environmental Protection Authority last year:

· Taheke Geothermal proposal for a geothermal power station – the panel has sought further information again from the applicant regarding aviation safety.

· Summerset Retirement Village Rotorua, Fairy Springs Rd – a panel has still not been formed.

· Pitau multistorey retirement village at Mt Maunganui – granted.

· Ngongotahā residential development – the panel have sought comments from the various parties regarding draft conditions of consent.

A joint hearing with Western Bay of Plenty District Council on the Te Puna Industrial Ltd consent application was held in July 2024. The commissioners have sought additional information from the applicant.

The Te Huata marine farm application is still on hold at the applicant’s request. An associated consent has been granted for eight two hectare research sites off the coast of Te Kaha.

Resource consent has been granted to Southern Generation’s application to remove debris islands and dredge the Rangitāiki River upstream of Lake Aniwaniwa to alleviate flooding.

The consent granted to Eco-Rakau forestry for works to divert the Wainui Stream in Tōrere for the purpose of reinstating a Māori roadway has been appealed.

The appeals for the Ōpōtiki marina consent have been resolved through mediation and staff expect to be able to provide an update on Genera appeals during the meeting.

Tauranga City Council’s Tauriko West comprehensive stormwater consent application has been publicly notified. Eleven submissions have been received.

Ecocast’s resource consent application to expand their existing vermicomposting activity in Kawerau has been notified and five submissions were received.

2.2.2 Legislative Changes

The Select Committee have released their report on the Extended Duration of Coastal Permits for Marine Farms Bill. The report maintains much of the original proposal to extend marine farm consents by 20 years or 2050 (whichever occurs first), for the cost of any consent condition reviews to be borne by councils and councils needing to obtain permission from the Director General of MPI.

Several other changes to resource management law are also being progressed by the government and consents staff have been engaging with various ministries on potential changes. Some current proposals in the early stage of development include:

· Changes to s107 and s70 of the RMA (relates to discharge consents).

· Changes to consenting for renewable energy generation and wood processing.

· Changes to the New Zealand Coastal Policy Statement.

· Changes to the National Environmental Standards (NES) for Marine Aquaculture.

· Extending the duration for port occupation consents.

· Changes to the RMA and creation of new regulations for municipal wastewater.

· Changes to the RMA regarding interface with the Fisheries Act.

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 May to early August 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). A quarterly newsletter was distributed in July.

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 12-month period since the airshed was gazetted with no breaches of the NESAQ regulations. In the 2023/24 financial year, three breaches of PM10 standards were detected (one permitted under the legislation). These were all location specific and able to be attributed to activities occurring near a monitoring location. In each case, the cause was an activity creating a dust discharge being undertaken within a few meters of the monitoring site. 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 undertake appropriate dust suppressant measures when work is being undertaken.

Additional monitoring has been implemented in the Mount Maunganui airshed and surrounding residential areas to detect benzene levels in the atmosphere. These passive monitors are intended to be in place for an initial period of 12 months and are in direct response to recommendations in the Toi Te Ora / ESR Health Impacts Study report.

2.3.2 Air Quality Monitoring Programme Changes

Introduction

Running an ambient air quality monitoring network comes at a significant cost (about $500,000 per year to meet requirements of both the Mount Maunganui and NERMN networks), therefore Council regularly assesses this network to ensure it provides valuable information.

Council staff recently assessed the air monitoring network and made changes to ensure it was fit for current and future needs. This modified monitoring programme was used in the development of the contract with Watercare Services Ltd for undertaking monitoring over the next 3-year period of the Long-Term Plan.

This section provides a summary of the changed state of the new monitoring programme.

Historical MMA Programme

The bulk of the MMA monitoring programme was established in late 2018 (Whareroa Marae started in 2015) and initially ring-fenced the Port of Tauranga, which was believed to be the main source (or sources) of particulates.

The programme consisted of six monitoring sites in the Tauranga area that complied with the monitoring requirements of the NESAQ. A range of contaminants were measured across these sites, including particulates (TSP, PM10 and PM2.5), sulphur dioxide, total reduced sulphur, hydrogen sulphide, nitrogen oxides and meteorological parameters.

Several additional sites also measured monitor volatile organic compounds but are not discussed in this report as they are not related to NESAQ.

Revised MMA Programme

Council now has a continually growing and improved understanding of particulates in the area and as a result are adjusting the monitoring coverage accordingly. At a high-level, adjustments have been driven by a combination of:

· necessary levels of knowledge being established,

· a shift towards industry funded monitoring sites for compliance with Rule AREA2-R1 (the interim permitted activity rule or IPAR),

· developing improved understanding of the impacts on air quality in the residential areas surrounding the Airshed.

A map showing the location of the modified programme monitoring sites, and contaminants monitored is below, see Figure 1.

Primary Changes:

a. Three monitoring sites have been removed:

· De Havilland Way previously measured PM₁₀ but was removed in July 2023. This monitor experienced a number of false positives (periods of elevated data values) due to a truck-wash being located only a few metres away. The monitor will likely be replaced with an industry funded monitoring site for compliance with Rule AREA2-R1 (the interim permitted activity rule or IPAR). A lower cost Clarity indicator site has been established near this location to continue to provide coverage in this area of the Airshed.

· Rail Yard South was previously monitoring PM₁₀. In late 2022 a sinkhole opened up next to the shelter housing the monitoring equipment necessitating its removal. A replacement site called Totara Street Rail Crossing is now in place 110 metres to the northeast of the Rail Yard South site.

· Sulphur Point has fulfilled its purpose of providing information on particulate and sulphur dioxide levels in the area and has been replaced by a lower cost Clarity indicator site.

b. Two new sites have been established:

· Totara Street Rail Crossing replaces the Rail Yard South site and is located on the roadside reserve land across from Dominion Salt on Totara Street. It monitors particulate (TSP & PM10) and sulphur dioxide.

· Ranch Road is a new residential ‘super site’, installed in 2024 and will shortly be monitoring particulates (TSP, PM₁₀ and PM_2.5), sulphur dioxide, oxides of nitrogen and volatile organic compounds. This site is located on Council reserve on the northern boundary of Mount Maunganui College and Ōmanu School and close to dwellings. It is not within the designated bounds of the airshed but acts as a representative for the receiving residential community in that area.

c. Some changes at existing sites are also being implemented:

· Whareroa Marae and Rata Street will measure the finer PM2.5 particulate contaminant. This smaller, more harmful fraction of particulates, which has been the topic of further conversation following the central government proposed changes to the NES-AQ and the updated WHO guidelines, is a necessary component of current and future ambient air quality monitoring programmes. Council will monitor this contaminant to ensure that robust and relevant data (not only for the Mount Maunganui area, but also the Rotorua Airshed) is available for planning and management of air quality within the region.

Figure 1 Current Mount Maunganui Airshed (MMA) monitoring programme.

Overall, the adjustments to the Mount Maunganui monitoring network address future requirements with monitors being positioned and calibrated for a range of additional contaminants that may be detected.

A table of the PM10 24-hour averages is included as Attachment 2.

2.3.3 Mount Maunganui Air Quality Working Party

A second meeting of the Mount Maunganui Air Quality Working party for 2024 was held on 17 June, which was the last to be attended by Tauranga City Council commissioners. The meeting focussed on future plans for the air-shed with several presentations by BoPRC and TCC staff on activities and projects planned to positively impact on improving air-quality. There were several questions from Working Party members surrounding the Toi Te Ora Health Impacts Study and the subsequent review undertaken by Dr Emily Wilton, Environet Ltd. Dr Wilton will be presenting and available for questions during this Committee meeting.

We are pleased to announce that Paul Cooney, retired partner of Cooney Lees Morgan Lawyers, has been appointed as the independent chair of the Air Quality Working Party. Paul will be chairing his first hui of this group when it next convenes again on 10 October.

Staff presented at a community meeting about air quality in Mount Manungaui, hosted by Clear the Air. Dr Jim Miller of Toi te Ora, Sarah Omundsen of Tauranga City Council and Joel Ngātuere of Whareroa Marae also spoke at the event which approximately 140 people attended, including Councillor Scott. Questions from attendees were captured during the evening and those questions and their answers are included as Attachment 1.

2.3.4 Pollution Hotline Complaints Response

From 1 May to 30 July 2024, 78 service requests were received through the Pollution Hotline relating to air quality within the MMA. The majority of these service requests related to odour.

Figure 2: Mount Airshed Service Request Types

Odour from the two asphalt plants in the Mount Industrial area continue to be an issue for the community with 31 of the 69 complaints (45%) reporting bitumen smells.

All urgent calls were responded to within 12 hours and non-urgent calls responded to within three working days.

One breach of the Resource Management Act 1991 (RMA) was confirmed in relation to a discharge of offensive and objectionable odour from Greenmount Foods beyond the boundary of its site. Greenmount Foods is located on Jean Batten Drive and is a food manufacturing facility cooking sauces, stocks, broths, and gravy for both domestic markets and export. An abatement notice was served in response to this breach, requiring CSI Foods Trading Limited, trading as Greenmount Foods, to cease discharging contaminants, namely offensive and objectionable odour, to air beyond the boundary of its site.

2.3.5 Odour and pro-active monitoring

In response to community concerns staff have changed and improved the approach to monitoring of the two asphalt plants located within the airshed.

Allied Asphalt and Higgins notify pollution response staff of all plant start-ups, batch volumes and expected running times. The team then assess this against meteorological data to estimate potential odour plumes. If it is likely that an odour plume will drift in the direction of the residential area and/or schools, a compliance officer will, when possible, proactively patrol the receiving environment and assess any odours detected.

This also means that an officer will already be in the airshed and able to respond rapidly to any complaints of bitumen odour.

Figure 3: Example of BOPRC meteorological data (showing south-west wind direction) overlaid on map to estimate odour plume; blue dots on map represent asphalt plant locations.

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

For now, staff have ceased proactive monitoring of the wider airshed and will re-evaluate this decision when the summer ‘odour season’ begins. The team will continue to respond to reports of odour received via the Pollution Hotline.

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. An Environment Count hearing was held on 13 – 17 May 2024. A decision from the Environment Court has not been received to date.

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. Ngāti Kuku joined the appeal as a Section 274 party. Court assisted mediation between the parties took place on 28 February 2024. A judicial conference was held with Judge Kirkpatrick on 23 April 2024. The Judge agreed to allow time for the appellants to engage experts to review the application and proposed conditions. A second conference was held on 26 June 2024 with Judge Smith where it was decided that expert witness and planner conferencing would be held. Planner conferencing has been undertaken to refine the proposed conditions.

Lawter NZ Ltd

The application for discharge to air was publicly notified on 17 November 2023. Forty-seven submissions have been received and a hearing date was set for 9-10 September 2024. However, the hearing date has been postponed, subject to a request under Section 91 for an application for consent under the National Environmental Standards for Green House Gas Emissions from Industrial Process Heat 2023.

WM New Zealand (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. An interim Court Decision has granted consent for Stage 1 of the Sulphur Point wharf extension subject to certain provisions being met to the satisfaction of the Court. Sulphur Point Stage 2 and the Mount wharf extension has not been granted at this stage. A reconvened hearing is envisaged once further information requested has been provided and the adverse cultural effects on Whareroa Marae have 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 Interim Permitted Activity Rule (IPAR) Dust Management Plans

As part of the Interim Permitted Activity Rule (IPAR) outlined in Plan Change 13 (PC13 – Air Quality), qualifying activities undertaken in the Mount Maunganui airshed were required to submit a dust management plan to the Bay of Plenty Regional Council by 12 August 2024. This is intended to reduce the amount of dust discharged to air and follows the Environment Court finding that poor air quality is negatively impacting the health of residents.

Ten dust management plans have been submitted, with a further two outstanding. These dust management plans require that a dust monitoring programme is established, and any exceedances are advised to Regional Council along with an investigation report containing corrective actions.

2.3.8 Policy Matters

The release of the interim Environment Court decision for the PC13 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 which is expected in October. This decision brings into effect an interim permitted activity rule for three years (ending 11 February 2027) for Bulk Solid Material (BSM) handling. All BSM operators within the Mount Maunganui Airshed are expected to apply for a Certificate of Compliance (CoC) in relation to this rule in the interim and apply for a consent prior to the end of the interim permitted activity period.

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 will continue this field work into September. The figures below are abatement/infringement notices served per property address (not per individual) to date.

Year	Abatement Notices served	Infringement Notices served	Warning Letters served
2022	33	0	0
2023	52	5	2
2024	38	10	0
TOTALS	123	15	2

NOTE: Abatement Notices not associated with resource consents do not incur fines or costs (but remain in-place and current).

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. Each property is assessed on a case-by-case basis.

Infringement notices (fines) are served for repeated use of a non-complying burners. Some property owners won’t engage with staff until they receive an infringement notice.

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

A network of Clarity low-cost indicator sensors has been installed across the Rotorua Airshed. At a later stage Regional Council’s Science team will update councillors on the results and modelling of the data.

Attachments

Attachment 1 - Mount Maunganui Air Quality Working Party Q&A ⇩

Attachment 2 - PM10 24-hour Averages Table ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	3 September 2024
Report Writer:	Matthew Harrex, Compliance Manager - Land and Water and Stephen Mellor, Compliance Manager - Air, Industry & Response
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	This report updates the committee on key achievements within the Compliance activity for the 2023/2024 Year.

2023/2024 Compliance Activity Report

Executive Summary

This report presents a summary of the compliance activity for the 2023/2024 year. It presents a summary of the consent compliance monitoring undertaken over the year, results of the permitted activity monitoring programme, an update on enforcement action and a summary of our pollution response activity.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, 2023/2024 Compliance Activity Report.

1. Introduction

The Bay of Plenty Regional Council (Regional Council) uses a variety of regulatory and non-regulatory tools to manage the environmental impacts of activities throughout the region, including rules made and resource consents issued under the Resource Management Act 1991 (RMA). Compliance with the requirements of these rules and resource consents provides an important measure of how we, as a regulatory authority, engage with the community to manage environmental impacts. This report provides a summary of Regional Council’s compliance, monitoring and enforcement activity through the 2023/2024 year.

1.1 Legislative Framework

The Regulatory Compliance function operates as a core council requirement under the Resource Management Act; which sets out an obligation for Regional Councils to monitor and enforce compliance with the Act and any associated instruments (e.g. National Environment Standards), Regional plan rules and resource consents. There is some crossover with other legislation through activities such as incident response and enforcement proceedings.

On 24 August 2023 the Natural and Built Environment Act 2023 (NBA) came into effect. While many provisions of the NBA would not have come into effect until a new plan was developed under the act, there were some provisions in relation to compliance monitoring and enforcement that came into effect on the 24 August 2023:

• Offending that occurred post 24 August 2023 was subject to increased penalties to $1 million (from $300,000) for individuals and to $10 million (from $600,000) for companies.

• Defendants could not elect trial by jury as the maximum prison sentence was reduced to 18 months.

• Abatement notices could be used to require preventative action to be taken.

• There was wider scope to recover costs for permitted activity monitoring and compliance.

However, four months later (23 December 2023) the Natural and Built Environment Act 2023 was repealed and the provisions of the Resource Management Act 1991 applied again. The four provisions outlined above were lost at that time. There was an impact on the compliance activity from preparing for and implementing new legislation and then reverting to previous provisions. Several of our prosecution cases crossed over this period adding additional levels of complexity. From a budget perspective the scope to recover costs for permitted activity monitoring and compliance was reduced.

Staff continue to operate in an environment of change to our legislative framework as the intent and direction of the current government is being implemented. While this is not expected to have a significant impact on the work we currently deliver, it will require us to be adaptive and responsive to changes to the overarching legislation and national direction.

1.2 Alignment with Strategic Framework

A Healthy Environment	We manage our natural resources effectively through regulation, education and action.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
The Way We Work	We provide great customer service.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

2. Compliance Monitoring

2.1 Overview

Compliance monitoring is an important tool for ensuring that consent holders and members of the public are undertaking activities in the correct manner and complying with the conditions of any applicable resource consents, Regional Plan rules, and/or National Environmental Standard (NES) provisions.

Consented activities are monitored through a combination of site inspections and performance monitoring, which involves the review of data and reporting provided by consent holders.

The frequency for site inspections is determined according to a range of factors, including the nature, scale, and environmental risks associated with the activity. This frequency is reviewed annually and outlined in Council’s RMA and Building Act Charges Policy.

The frequency for performance monitoring is considered during the consent application process and set out in the conditions of a resource consent.

2.2 2023/2024 Compliance Monitoring Results

Note: 2022/2023 results shown in brackets.

Throughout 2023/2024 there were 8,421 (8,442) active resource consents across Toi Moana. Regional Council undertook 4,437 (3,572) site inspections and reviewed 16,741 (13,761) performance monitoring returns from consent holders across 4,437 (4,439) consents.

Compliance results for site inspections showed that 62% (77%) were complying with their consents, and only 2% (1%) were in significant non-compliance. This is still 75 instances of serious compliance issues. While full compliance is down from last year (77%) we have only seen a slight increase in significant non-compliance occurrences. Compliance remains relatively consistent with numbers seen in previous years and across other regions.

Performance monitoring generally related to the assessment of data or reports provided to us by the consent holder. A large proportion of these are monthly checks on water metering data, but this also includes a range of other activities such as geothermal takes, discharges to air, land and water. Of the 16,741 (13,761) performance monitoring returns assessed, 78% were found to be compliant, which is down 3% on 2022/23. Part of this is attributed to staff providing closer checks on reporting conditions while on site. The largest category of non-compliance was considered to be low risk (11%). There was an increase in significant non-compliance up to 60 (0.4%) from 55 (0.4%), this is still down from the 144 for the 2021/2022 year. Over 50 of these significant non-compliances relate to water take consents conditions such as consistently not providing records, not verifying water meters and records showing excess takes. Addressing significant non-compliances has resulted in some consent holders applying to vary their consent for the correct amount of water required, some taking action to remedy the situation by fixing infrastructure or reducing takes, or for the more serious or difficult customers service of an abatement or infringement notice.

The most monitored activities were water takes, earthworks, dairy effluent discharges, and on-site wastewater system discharges. This is consistent with previous years and reflects both the environmental risks associated with these activities, and the volume in which they occur within Bay of Plenty Region. A number of other activities, such as major infrastructure and industrial facilities, can also present a significant risk and are inspected regularly; however, these are fewer in number, and often have a more significant reliance on performance monitoring.

Table 1: 2023/2024 Compliance Results for High Risk/Priority Activities – site inspections and performance monitoring.

Activity	Total inspections	Complying		Low Risk Non-Compliance		Moderate Non-Compliance		Significant Non-Compliance
Activity	Total inspections	#	%	#	%	#	%	#	%
Dairy	314	194 621	62%	68	22%	36	11%	16	5%
Discharges to air	328	286	87%	25	8%	8	2%	9	3%
Earthworks	951	834	88%	70	7%	40	4%	7	1%
Forestry	92	77	84%	10	11%	5	5%	0	0%
Geothermal	1,335	1,093	82%	150	11%	73	5%	19	1%
OSET	1,133	586	52%	371	33%	170	15%	6	0.5%
Water Takes	11,717	10,104	86%	1,152	10%	404	3%	57	0.5%
Discharges to land or water	1,837	1,391	76%	314	17%	117	6%	15	1%

Onsite Wastewater Effluent Treatment (OSET) (48%) and Farm Dairy Effluent (38%) had the highest proportion of non-compliance over the year.

A third of OSET assessments undertaken found low risk non-compliance. Most of this non-compliance is attributed to management and maintenance issues such as not pumping out tanks within the required timeframe or not connecting to Territorial Authority network when it becomes available. An example of this is a consented OSET accommodation facility in Waihi Beach had a condition to connect to the WBOPDC wastewater network when available. The condition resulted in the expiry of the consent when WBOPDC installed a wastewater line at the boundary of the accommodation facility. An abatement was issued requiring them to connect to the network. The facility owner has applied for a connection consent with WBOPDC. Examples of significant non-compliance include constant exceedance of discharge volume consent limits or ponding discharges of wastewater.

Significant non-compliances remain a low proportion of total assessments for most activities. For our high risk and priority activities Farm Dairy Effluent had the highest proportion of significant non-compliances (5%). The nine significant non-compliance incidences for air discharges were attributed to four consent holders, one of which is within the Mount Maunganui airshed, and one in the Rotorua airshed. Levels of compliance are relatively consistent to what was found throughout the 2022/23 year. Earthworks (88%), Discharge to Air (87%), Water Takes (86%), Forestry (84%), and Geothermal (82%) all had compliance levels above 80%.

2.3 Permitted Activity Monitoring

2.3.1 Permitted Activity Water Takes

The permitted activity team did a desktop assessment to identify sites that either had a bore and/or were a horticultural property without a water take consent likely to need water for irrigation. 238 properties were identified that warranted an inspection. Compliance was checked against 84 of those during the irrigation season of December 2023 and March 2024. The purpose of the monitoring was to ensure compliance with permitted activity rules relating to the take and use of surface and groundwater water, including ancillary activities such as drilling bores.

Staff inspected all aspects of the water take and irrigation system to check compliance with specific permitted activity conditions during their visits. This included understanding infrastructure capacity, water use demand, and taking water meter readings. Staff provided education to water users to ensure they were aware of permitted activity standards and when to apply for a water take resource consent.

Of the 84 sites inspected 13 were found to exceed permitted activity limits which were mostly made up of volume breaches, rate of take breaches, or use of geothermal water. The permitted activity monitoring program and increased presence in the community has raised the level of compliance and awareness of water use rules. This is reflected in the absence of significant formal enforcement action required for the 2023-24 season compared to five prosecutions carried out in previous years.

A small portion of water users are unaware of water use rules or have opted to use water in breach of water use rules. This has resulted in staff serving six infringement notices and five abatement notices for exceeding permitted limits. Our team took the opportunity to engage with Zespri to raise water compliance issues and identify ways to support better compliance.

Twenty-eight permitted activity sites have been consented as a result of this inspection programme. This means there is an additional 1,135,437m³per year of water now managed by the resource consenting regime.

2.3.2 Permitted Activity On-Site Wastewater Treatment Systems

Staff assessed 66 sites in relation to their on-site effluent treatment system (OSET). The purpose of the inspection is to assess the scale and nature of any wastewater discharge and overall risk to the environment. Staff inspected property files from the Territorial Authorities to determine location and dimensions of existing OSET systems, as well as carrying out site inspections to check compliance against the OSET plan performance standards and permitted conditions. This included staff understanding building and drainage drawings, wastewater generation rates across a range of activities, and assessing wastewater land application fields to ensure waste is disposed without creating any adverse environmental or health effects. Sites inspected range from rural wedding venues, packhouses and Ministry of Education schools.

Of the 66 sites inspected 32 were found to exceed the OSET plan permitted activity limits mainly due to wastewater discharge volume breaches or ponding of wastewater in the land application area. Seven sites suspected of exceeding permitted activity limits were assessed as complying with the OSET plan after inspection and 14 sites remain under assessment. The exceedance of permitted activity limits has resulted in staff serving four abatement notices and one infringement notice.

Nine OSET sites have applied for and received an OSET resource consent because of this inspection programme. This means these sites will have a fit for purpose wastewater discharge system that meets environmental and health standards. One example is the Faith Bible College (Tauranga Harbour catchment) which has spent approximately $500,000 to upgrade their system from failing soak holes and septic tanks to a modern treatment and disposal system. Four sites have connected to Territorial Authority wastewater reticulation networks.

2.3.3 Permitted Activity Earthworks

Bay of Plenty Regional Council checked compliance against 15 permitted activity earthworks sites. These sites include cleanfill^{^[1]} disposal sites and recontouring of horticultural properties. Staff have worked proactively with industry to ensure proposed permitted activity sites can and will comply with permitted activity conditions. Staff inspected the earthworks sites to ensure the areas of exposed soil complied with the area limits of the Regional Natural Resources Plan and adequate erosion and sediment controls had been installed. This was achieved by mapping the extent of earthworks sites and assessing erosion and sediment controls against the applicable guidelines to ensure they will minimise the discharge of sediment from the sites.

All sites inspected complied with the permitted activity conditions during the 2023/24 assessment period. Staff consider this is a result of proactive communication to industry outlining what is required to comply with earthwork rules and potential consequences of non-compliance.

2.3.4 Interim Permitted Activity Rules

As part of the Interim Permitted Activity Rules (IPAR) outlined in Plan Change 13 (Air Quality), qualifying companies in the Mount Maunganui airshed were required to submit a dust management plan to the Bay of Plenty Regional Council by 12 August 2024. This is intended to reduce the amount of dust discharged to air and follows the Environment Court finding that poor air quality is negatively impacting the health of residents.

At the time of writing (20 August 2024) 10 dust management plans have been submitted, with a further two still outstanding. These dust management plans require that a dust monitoring programme is established, and any exceedances are advised to Regional Council along with an investigation report containing corrective actions.

3. Service Requests

Service requests received via the pollution hotline were slightly up on last year (2%) with a total of 2,384 service requests received. On average that is more than six service requests every day of the year. A third of service requests were received after hours. 93% of all service requests were actioned in less than 24 hours. 23% of service requests were substantiated to confirm a breach of the RMA, NES, a regional rule or a consent.

Figure 3: Service requests received for the last seven years.

67% (1,596) of all service requests were related to air quality, over 700 service requests were for odour and over 600 were for smoke. In the Mount Maunganui Industrial area, the team has seen a shift from pet food odours and dust complaints to predominantly odour complaints associated with bitumen production. Both bitumen facilities are currently looking to update their plant which ultimately should help with service request numbers. Until the new facilities are in place the team continue to proactively monitor sites in the Mount Maunganui Industrial area^{^[2]}.

Figure 4: Word cloud of service requests by topic for the 2023/2024 year.

The majority of service requests were for the western part of our region, 66% of service requests were for the Tauranga City and Western Bay of Plenty rohe, then an even split of 17% each in Rotorua and Eastern Bay of Plenty. These figures are roughly in line with the population distribution within the Bay of Plenty.

Figure 5: Service requests received by Territorial Authority.

4. Enforcement

In 2023/2024 Regional Council received decisions from the court in relation to 10 matters resulting in $442,750 in fines and 150 hours of community service. Staff follow a rigorous process to determine the appropriate enforcement response in accordance with our Enforcement Policy. As of 1 July 2024 there were five other cases before the courts^{^[3]}. A summary of prosecution decisions is provided in Appendix 1.

Regional Council issued 216 (217 in previous year) abatement notices, and 96 infringement notices (85 in previous year), totalling $64,000 in fines. There has been a slight increase in the number of abatement and infringement notices issued this year.

· 71 abatement notices and 29 infringement notices were issued for non-compliance with resource consents.

· 145 abatement notices and 30 infringement notices were issued to address non-compliance with a rule in our plan or a national environmental standard.

· The majority of abatement and infringement notices related to Section 15 offences (discharges of a contaminant).

5. Considerations

5.1 Risks and Mitigations

The compliance function operates in a number of high-risk areas, both in terms of environmental risk (particularly through the incident response function), and legal risk through the enforcement function. Regional Council has a number of robust systems and policies in place to manage and mitigate these risks.

5.2 Climate Change

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

5.3 Implications for Māori

The Māori population in the Bay of Plenty equates to about 28% of the total population. BOPRC has clear statutory obligations to Māori under the Local Government Act 2002 (LGA), and the RMA. In particular, Part 2, Sections 6 and 7 of the RMA recognise and provide for participation in decision-making, having regard to kaitiakitanga, consultation and fostering development.

Tangata whenua, as kaitiaki, seek to protect the natural and physical environment, waahi tapu and other sites of cultural significance to ensure community and cultural sustainability is achieved. This aligns closely with the goals of compliance monitoring and enforcement and is considered in the day-to-day implementation of our compliance programme.

In practical terms, this may include ensuring tangata whenua are notified of incidents in their rohe beyond the initial abatement notices or infringements ("no surprises" approach) and seeking involvement in projects where appropriate (eg. marae wastewater). Staff are also more actively looking into opportunities to form partnerships to support shared goals and outcomes. Staff are also working closely with relevant iwi and hapū to understand and articulate the effects of significant non-compliance on tangata whenua to better describe the environmental and cultural harm caused.

5.4 Community Engagement

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

5.5 Financial Implications

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

The Compliance budget is funded from general rates, resource consent fees and charges (a mix of fixed annual fees and charges, actual and reasonable costs recovered from consent holders) and infringement fees and fines. Resource consent holders are charged for compliance monitoring costs as set out in our Fees and Charges Policy.

$2,306,000 or about 30% of the Compliance Budget this year was funded through a combination of fees and charges from resource consent monitoring and income from fines and infringements. This was boosted significantly as a result of the 10 prosecution decisions we received this year. Utilising in-house legal services continues to result in significant financial savings ($230,000 compared to budget).

The total operating expenditure for the for the compliance team was $7,028,000. Savings were made this year by reducing our spend on contractors and consultants.

6. Next Steps

The Regulatory Compliance group will continue to implement process improvements to ensure that the compliance monitoring programme is implemented effectively and efficiently. Similarly, staff are continuing to hone data over time to provide avenues for more proactive approaches to encouraging compliance. With a new coalition Government who have signalled changes to national direction there is uncertainty around what the future legislative framework will look like. However, we are prepared and agile to respond to changes that may come over the horizon.

Attachments

Attachment 1 - Sentencing Decisions Received for 2023-2024 ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	3 September 2024
Report Writer:	Greg Corbett, Biosecurity Manager and Romany Prevette-Stanaway, Biosecurity Dive Technician
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To seek the Committee’s approval for the Regional Pest Management Plan Operational Plan 2024/25 and present the 2023/24 Annual Report.

Regional Pest Management Plan Annual Report for 2023/24 and amended Operational Plan for 2024/25

Executive Summary

The Biosecurity Act 1993 requires the preparation an annual report on the implementation of the Regional Pest Management Plan for the Bay of Plenty Region 2020-2030 (RPMP). It also requires that Council reviews, and if appropriate amends, the Operational Plan for the RPMP each year.

The RPMP Operational Plan has been amended to reflect Council’s newly adopted Long Term Plan and associated budgets. Section 2 of this report summarises the 2024/25 Operational Plan, which is attached for the Committee’s consideration and approval.

Section 3 of this report summarises the 2023/24 RPMP Annual Report, which is also attached for the Committee’s information.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Regional Pest Management Plan Annual Report for 2023/24 and amended Operational Plan for 2024/25;

2 Approves the 2024/25 Operational Plan for the Bay of Plenty Regional Pest Management Plan.

1. Introduction

This paper presents the Bay of Plenty Regional Pest Management Plan 2020-2030 (RPMP) Annual Report for 2023/24. It also presents an Operational Plan for the 2024/25 year for the Council’s approval.

1.1 Legislative Framework

The Biosecurity Act requires Council to provide regional leadership for pest management within its region (section 12B). Council delivers this role through the Biosecurity Activity within its Long Term Plan (LTP), which includes implementing the RPMP.

The RPMP became operative on 17 December 2020. Council’s Monitoring and Operations Committee subsequently approved an Operational Plan to implement the RPMP.

Section 100B(1) of the Biosecurity Act requires that the RPMP Operational Plan be reviewed annually and amended if necessary. The Operational Plan has been amended to reflect Council’s new LTP and funding available to deliver individual pest programmes.

Section 100B(2) of the Act requires progress on Operational Plan delivery is reported annually. This report must be provided to Council and then made publicly available.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life
Safe and Resilient Communities
A Vibrant Region
The Way We Work	We look to partnerships for best outcomes.

By delivering the RPMP Council aims to protect our natural environment from the most harmful pests threatening our region. In doing this work we look to partner with landowners, community, and other organisations for mutual benefit.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

High - Positive

Pests can threaten our natural environment, regional economy, cultural values and affect how we lead our lives. Reducing or preventing the impacts of pests on these values are key drivers for the Biosecurity Activity and the RPMP. Secondary benefits of our pest management work include local employment and improving the connection of communities to their local environment.

2. Regional Pest Management Plan Operational Plan 2024/25

The Monitoring and Operations Committee approved the original RPMP Operational Plan on 9 March 2021. The Biosecurity Act requires that this Plan be reviewed annually and, if necessary, amended. Staff have reviewed the Plan and made minor amendments to reflect Council’s new LTP budgets and known third-party contributions for the Biosecurity Activity.

The amended Plan is attached to this report for the Committee’s consideration and approval.

3. Regional Pest Management Plan 2023/24 Annual Report

The Annual Report 2023/2024 is attached for the Committee’s information.

Overall, good progress towards achieving RPMP objectives is being achieved with the number of programmes determined to be ‘on-track’ (90%) exceeding Council Long Term Plan goal for 2023/24 of 85%. One exclusion pest (Rudd) has been detected in the Matata lagoon through eDNA sampling and the feasibility of local eradication is currently being assessed.

Part One of the report highlights the number of collaborative programmes and partnerships the biosecurity activity delivers. Collaboration and partnership is a strength of the programme and shared decision making and operational delivery allows for better alignment between agencies and partners and more efficient and effective pest management.

While 10 of the 15 eradication plants had a reduction in infestation area, overall eradication pest plant cover has increased compared to last year due to new infestations of Sagittaria being found. No hornwort was detected in Lake Ōkataina or Lake Ōkareka - demonstrating good progress towards local eradication. Six eradication species remained at zero density, which again shows good progress towards eradication from the region.

No ground hunting for feral goats within the Goat Eradication area occurred last year due to the application of 1080 across 120,000 hectares of the Raukumara Ranges by the Raukumara Pae Maunga Restoration Project. Much of this year’s effort (123 hunter days) focused on the buffer area along the boundary of the eradication area to prevent goats spreading into the area.

Marine biosecurity surveillance over the last year resulted in three fewer Mediterranean fanworm sites compared to the previous year, and no clubbed tunicate were found. Further development of the Marine Vessel Portal - a shared marine biosecurity data management system - has meant that the results from surveys of vessel hulls and pontoon lengths and piles can now be accurately reported.

The LTP goal for 2023/24 relating to eliminating wallaby ‘satellite populations’ was not achieved. The goal measures progress towards eliminating the seven satellite populations known to be present outside the Containment Area. Of the seven populations, two are considered eliminated and another two are at zero density i.e., no wallabies (or only a single wallaby confirmed remaining) detected in the last three years. Surveillance at another site that was reported at zero density last year, discovered evidence of wallaby presence again this year.

Overall, there was a reduction in infestations of most pest plants within progressive containment areas, though there are still challenges with some species, particularly wild kiwifruit and woolly nightshade. Council’s new pest plant data management system, Geopest, has allowed for improved reporting, showing trends in pest plant infestations, which helps staff to identify where increased effort is needed.

Partnering with Māori is one of Council’s strategic priorities and continues to be a focus for the biosecurity activity. Examples are partnering with Te Arawa Lakes Trust to manage aquatic pests, including catfish, and supporting Ruawāhia 2B Trust to deliver wildling pine control on Mount Tarawera. The ‘Working with communities’ case study highlights collaborative ways of working on the East Coast. Council continued to collaborate with iwi contractors and landowners to control a range of pest plants that are present within the Te Whānau ā Apanui rohe. In 2023-2024, the programme worked with landowners across 97 properties.

4. Considerations

4.1 Risks and Mitigations

There are no significant risks associated with this matter.

4.2 Climate Change

The matters addressed in this report are procedural and while there is no need to consider climate change impacts, generally pest management activity has positive effects for climate change, in particular the control of browsing animal pests such as wallabies.

4.3 Implications for Māori

Māori generally have a strong interest in managing pests through their kaitiaki role and are increasingly involved in the delivery of the RPMP mahi. Collaboration continues with Te Arawa Lakes Trust to manage the catfish programme, undertake boat ramp inspections and manage aquatic pest plants (and more recently gold clam prevention). Strong relationships have been built, or maintained with hapū on Matakana Island, Te Whānau a Apanui and with Ruawāhia 2B trust who affiliate with Ngāti Rangitihi. These relationships are mutually beneficial and more opportunities will be investigated moving forward.

4.4 Community Engagement

INVOLVE

Whakaura

To work directly with affected communities throughout the process to ensure that their issues and concerns are consistently understood and fully considered in Council’s decision making.

One of the aims of Council’s biosecurity Activity is to increase the effectiveness pest management carried out by our communities and landowners. We do this by providing technical advice, best practice guidelines and look to engage in community events to inform and educate on key biosecurity issues e.g. Woolly Wipeout campaign.

4.5 Financial Implications

If the recommendation is adopted by Council, will it result in:

If the answer is ‘no’ to both questions please select the dropdown option 1 and complete appropriately.

If the answer is ‘yes’ to either question please select “Budget Implications” in the building block below and liaise with your Management Accountant in order to complete the Financial Impact table.

There are no unbudgeted financial implications and the operational plan fits within the allocated budget for the current LTP year.

5. Next Steps

Next Steps: What next? What resources are needed? Further analysis? Timeframes ahead. Any consultation planned. Remind Council of the process ahead. Next update to Council?

Conclusion: Short concluding remarks. Referring back to recommendations. No new content.

The amended RPMP Operational Plan will be implemented, assuming it is approved by the Committee, along with other pest management work supported through Council’s LTP.

Attachments

Attachment 1 - Bay of Plenty Regional Pest Management Plan - Operational Plan 2024-2025 FINAL DRAFT ⇩

Attachment 2 - 5499 RPMP Ops Plan Annual Report 2023-24 FINAL DRAFT ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	3 September 2024
Report Writer:	Kirsty Brown, Rivers and Drainage Assets Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	The purpose of this report is to provide an update on implementing the Flood Protection and Drainage Bylaws 2020.

Implementation of the Flood Protection and Drainage Bylaws 2020

Executive Summary

The current Flood Protection and Drainage Bylaws 2020 have been operational since 1 February 2021. These Bylaws safeguard the flood protection and drainage infrastructure assets managed by or under the control of the Regional Council from damage and misuse.

This report provides an update on the activities and performance in implementing the Bylaws. Additionally, it seeks approval for the recommended proposed timeline to develop and implement the ploughing rules under Part II of the Bylaws.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Implementation of the Flood Protection and Drainage Bylaws 2020;

2 Approves the recommended timeline for the development of the ploughing rules under Part II of the Bylaws.

1. Introduction

The Flood Protection and Drainage Bylaws 2020 (Bylaws) is Regional Council’s main legislative tool to protect and safeguard its flood protection and drainage infrastructure assets from damage and misuse.

This report provides an update on the recent activities and performance in implementing the Bylaws. It also seeks feedback and approval for the recommended timeline to develop and implement the ploughing rules under Part II of the Bylaws.

The Bylaws have been in place since 2002. The current Bylaws have been operational since 1 February 2021.

1.1 Legislative Framework

Under the Local Government Act 2002, regional authorities have a lead role in flood protection activities. The Regional Council manages and maintains several river and drainage schemes under various legislation, including the Soil Conservation and Rivers Control Act 1941 and the Land Drainage Act 1908. The Regional Council has the power to create and enforce Bylaws to manage and protect its assets from damage and misuse under the Local Government Act 2002.

1.2 Alignment with Strategic Framework

Future ready Communities	We support community safety through flood protection and navigation safety.
The Way We Work	We deliver value to our ratepayers and our customers.

Our work guides and supports improved resilience to natural hazards and an equitable and sustainable transition to a low emissions future.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

High - Positive

2. Implementation of the Flood Protection and Drainage Bylaws 2020

2.1 Background

The Bylaws are in place to safeguard flood protection and drainage infrastructure assets owned or managed by the Council. These assets are essential for helping to reduce the risk to people, property and livelihoods from river flooding and poor land drainage.

The Bylaws are divided into three parts:

· Part I covers all river and drainage schemes assets managed/owned by the Regional Council.

· Part II focuses on developing and implementing ploughing and fencing rules in the lower reaches of the Rangitāiki, Tarawera, and Kaituna Rivers.

· Part III designates specific floodways, spillways, and ponding areas.

Under the Bylaws, landowners in the designated Bylaw Applicable Areas (outlined in Attachment 1) are required to obtain a Bylaws Authority (written permission) to carry out certain activities near scheme assets, in particular earthworks or construction works. The Bylaws allow for co-design of specific Bylaw Management Plans where landowners are undertaking activities, such as seasonal work or routine maintenance, which would otherwise require multiple Bylaw Authority applications.

The Bylaws also highlight the importance of tangata whenua managing cultural practices and wāhi tapu sites. Co-designed management plans which integrating Mātauranga Māori and enhance asset management and protection are encouraged.

2.1.1 Education and Awareness

Staff have delivered several initiatives to raise awareness and understanding of the Bylaws, making information more accessible, engaging with affected parties, and supporting the Regional Council’s mahi to safeguard the region’s flood protection and land drainage assets. These include:

· On-line information query form and pre-application advice process.

· A specific webpage to provide information about the Bylaws, which outlines why they are important, landowner responsibilities, the process for making a Bylaw Authority application and an online application form.

· Online interactive map enabling address searches to check if a property is within a Bylaw Applicable Area and linking back to the Bylaws webpage for information about making an application if needed.

· Information flyers, including specific activities requiring Bylaw Authority.

· Relationship development information sessions with key stakeholders to raise awareness of the Bylaws e.g. real estate agents, lawyers and TLAs.

· Summer and winter Bylaws campaigns including digital communications and letterbox mail outs.

2.1.2 Bylaw Authority Applications and Bylaws Breach

Under the Bylaws, there are specific Bylaw Applicable Areas where landowners are required to obtain a Bylaw Authority to carry out certain types of works (e.g., construction, removal of structures, earthworks and planting) near scheme assets.

A Bylaw Authority is written permission from the Regional Council that includes conditions to ensure any work carried out does not impact the integrity and performance of the asset, rather than to restrict the landowner's use of the land.

Attachment 1 sets out the different Bylaw Applicable Areas where Bylaw Authority is required.

The graph below provides an overview of pre-application information advice provided, Bylaw Authorities issued, and Bylaw breaches investigated for the period 1 July 2023 to 30 June 2024, compared to the previous four years.

A graph of a number of people

Description automatically generated with medium confidence

Figure 1 - Bylaw Statistics 2019/20 -2023/24

Of the 88 Bylaw Authorities issued in 2023/24, 93% (82) were processed in line with the internal KPI target that 75% of applications are issued within 20 working days as highlighted in the graph below.

A graph with numbers and a red line

Description automatically generated

Figure 2 – Bylaw processing against KPI

During the 2023/24 period, 10 Bylaw breaches were investigated and actioned. Most of these breaches were earthworks activities undertaken without Bylaw Authority. There were also two incidents of over grazing of stopbanks which have been resolved.

2.1.3 Iwi/Hapū Bylaw Authority Management Plans

As part of the Bylaws 2020 review, an investigation was undertaken on the impact the Bylaws could have on tangata whenua traditional cultural practices and wāhi tapu sites. As a result, new clauses were added to the Bylaws to provide for the co-design of management plans to protect cultural practices and wāhi tapu along with the integrity and function of Council assets.

The Bylaws include the fundamental principle that only tangata whenua can identify and evidentially substantiate their relationship, and that of their culture and traditions, with their ancestral lands, water, sites, wāhi tapu and other taonga.

Summary of progress to-date

· Based on a prioritised risk rating, targeted engagement was undertaken with specific hapū in 2022, inviting them to co-design Bylaw Authority Management Plans for marae overlapped by the Bylaw Applicable Areas. While minimal interest was shown at that time, this opportunity remains available for the term of the Bylaws.

· During the above process, the Kōkōhinau urupā located immediately adjacent to the Rangitāiki River stopbank, emerged as a priority site where staff had ongoing concerns about the potential for cultural practices to put flood protection asset at risk.

· Staff have worked closely with the Kōkōhinau Papakāinga Trust and the Kōkōhinau Marae Committee to quantify the risks associated with continued use of the urupā by engaging geotechnical analysis through 2022 and 2023. This was undertaken by Ice Geo Ltd, and peer reviewed by Beca Ltd.

· The geotechnical analysis suggests that the upper part of the urupā can continue to be used with low risk to stopbank security during a flood. Additionally, two potential extension areas were identified as also posing low risk. However, the analysis indicates that the risks associated with the continued use of the lower part of the urupā are higher than acceptable. To mitigate these risks, it was recommended that an overlay to protect the urupā and the surrounding countryside be constructed.

· Geotech reports and recommendations have been shared with the Kōkōhinau Papakāinga Trust and the Kōkōhinau Marae community. Staff are currently awaiting further engagement with the respective parties to progress design and construction of the overlay. Budget for this work is confirmed in Year 2 of the LTP 2024-34.

2.1.4 Ploughing

The lower reaches of the Kaituna, Rangitāiki, and Tarawera Rivers have layers of pumiceous soil that are prone to seepage and piping during floods. To minimize the risk of such failures, new clauses were added to the Bylaws during the 2019/20 review regarding ploughing in these areas. These changes, outlined in Part II of the Bylaws, aim to reduce the risk caused by plough pans—a compacted layer of soil that forms after repeated ploughing.

During the 2019/20 review, it was identified that further development and enforcement of ploughing rules would be a multi-year program. This approach allows time to create specific rules and rationales, work with the industry to balance risks with practical farming practices, conduct an education program, and apply the Bylaws accordingly. The planned approach includes:

· Researching ploughing techniques and conducting seepage modelling.

· Collaborating with stakeholders and maize-growing contractors to establish best practice guidelines.

· Identifying high-risk sites with known seepage issues.

· Developing and managing annual maize growing through seasonal Bylaw Authority Management Plans.

A literature review on the effects of ploughing near rivers and its impact on flood management and infrastructure has been undertaken, incorporating sources from New Zealand, Australia, and other regions. Based on these findings, and advice from the Engineering Manager, the following timeline is recommended for further investigation and development of ploughing rules before the next Bylaws review.

	Ploughing Rules Programme of work
2024/25	Conduct geotech investigations and seepage modelling to improve existing information with region specific data, as recommended by the Engineering Manager.
2025/26	Modelling of scenarios based on 2024/25 investigations results. Commence engagement and collaboration with stakeholders. Develop options and recommendations.
2026/27	Use findings to inform conditions in the revision of the Bylaws (2028-2030).

3. Considerations

3.1 Risks and Mitigations

Works, or damage done on or near a flood protection or drainage asset, can impact its condition or integrity. If the asset is weakened, there is the potential for serious consequences in a flood event. The Bylaws play a key role in helping to minimise this.

An inclusive Bylaws education programme is ongoing. If communities living in Bylaw Applicable Areas are unaware of the Bylaws or do not understand how they might be affected, there is the potential risk of asset failure and associated impacts. To mitigate, staff will continue to develop and undertake initiatives to communicate and educate the importance of the Bylaws.

3.2 Climate Change

Mitigation			Adaptation
Reduce GHG emissions	Produce GHG emissions	Sequester carbon	Anticipate climate change impacts	Respond to climate change impacts
☐	☐	☐	☒	☒

Changes in weather patterns are resulting in more frequent and more intense weather events, which is affecting the magnitude and frequency of flooding. Flood protection assets are important in mitigating the risk to our communities from the impacts of climate change and it is crucial they function properly when needed.

The fundamental purpose of the Flood Protection and Drainage Bylaws 2020 is to safeguard the integrity and performance of Regional Council’s flood protection and drainage assets. The review undertaken for the 2020 Bylaws considered climate change projections, land use changes, and increased pressure from land development.

3.3 Implications for Māori

The current Bylaws were adopted following a comprehensive consultation process including specific consultation with Iwi/Hapu. Council has a responsibility to manage the risks posed by our major rivers including the region’s major flood control and drainage schemes. Iwi and hapū have a strong interest in the long-term management of our rivers and waterways.

3.4 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

3.5 Financial Implications

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

4. Next Steps

Staff will:

· Continue to progress the Bylaws implementation programme with a focus on co-designing Bylaw Authority Management Plans.

· Progress the recommended timeline for developing the ploughing rules under Part II of the Bylaws.

· Continue the comprehensive educational and communication programme for ongoing Bylaws awareness.

Attachments

Attachment 1 - Bylaw Applicable Areas ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	3 September 2024
Report Writer:	Daniel Batten, Rivers and Drainage Operations Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	Report on Rivers and Drainage Operations activities, as outlined in the Environmental Code of Practice 2019

Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2023-2024 Annual Review

Executive Summary

Rivers and drainage scheme routine operational works are generally authorised by permitted activity under the Regional Natural Resources Plan, subject to a range of conditions including that works are carried out in accordance with the Environmental Code of Practice for Rivers and Drainage Maintenance Activities.

One of the requirements of the Code of Practice is to report annually to Council. This report covers rivers and drainage maintenance activities for the 2023-2024 financial year.

Overall, 889 separate rivers and drainage maintenance activities were carried out during the 2023/2024 financial year (see attachment 1, Table of Completed Works), and 2 complaints were received and investigated (see attachment 2, Complaints Register).

34 Hapū and Iwi Management Plans (see attachment 3, Hapū and Iwi Management Plans) are currently in existence and these guide and inform operations activities and consultation.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Environmental Code of Practice for Rivers & Drainage Maintenance Activities - 2023-2024 Annual Review.

1. Introduction

The Environmental Code of Practice 2019 (ECoP) covers maintenance activities undertaken by the Rivers and Drainage Operations Section of Bay of Plenty Regional Council (BOPRC), on the major river schemes and drainage control schemes in the Bay of Plenty region.

The purpose of the ECoP is to set out operational procedures that will apply to all maintenance activities on major rivers and drainage schemes, regardless of whether an activity requires a consent or not.

Section 6.2.6 of the ECoP requires an annual report, covering the following:

a. Number of complaints and corrective action(s) taken,

b. Summary of recommended changes to procedures resulting from comments made in checklists,

c. Analysis of types of work carried out, and any areas where complaints or problems continue to occur,

d. Recommendation whether and independent audit is required,

e. Listing of authorised Iwi Management Plans.

This review is not a formal audit. An audit is to be undertaken once in every five year period, of at least 3% and up to 10% of any works carried out in a single year.

This annual review covers the period from 1 July 2023 to 30 June 2024.

1.1 Legislative Framework

· Soil Conservation and Rivers Control Act 1941

· Land Drainage Act 1908 and the Rangitāiki Land Drainage Act 1956

· Resource Management Act 1991

1.2 Alignment with Strategic Framework

Safe and Resilient Communities

We support community safety through flood protection and navigation safety.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Low - Positive

þ Cultural

Medium - Positive

þ Social

High - Positive

þ Economic

High - Positive

The Rivers and Drainage Operations activities provide and maintain important, long-term infrastructure which supports our community by protecting people, property and livelihoods from flooding and land drainage issues.

2. 2023-2024 Review

2.1 Rivers and Drainage Operations Activities

Rivers and Drainage Operations team undertake a range of activities, as listed in Part 4 of the ECoP.

Activities include, but are not limited to: vegetative protection works, hard engineering protection works, river channel maintenance works, drainage management, habitat enhancement works and flood protection maintenance works.

Major capital works (e.g. pump station and stopbank construction projects) are not covered by the ECoP, as they are generally covered by project specific resource consents involving environmental best practice.

2.2 Review of procedures

2.2.1 Complaints

Minor concerns and enquiries are not recorded, and generally can be addressed verbally. A complaint is considered major, or formal, where some investigation and written acknowledgement is required.

Formal complaints are recorded in the Complaints Register. The register includes details of when the complaint was received, complainant’s details, investigation, remedial actions and information provided back to the complainant.

There were 2 complaints received in the 2023/2024 financial year. One complaint was made to Worksafe, who conducted an immediate site visit. The details of that complaint can be found on the Complaints Register in Attachment 2. The second complaint was discussed with the complainant, and a resolution was found for works to continue.

Some complaints were referred to other teams within the organisation to be resolved.

All minor complaints have been responded to directly, and where appropriate, procedures have been put in place to prevent similar events.

2.2.2 Consultation

Landowners and occupiers are consulted or notified (where appropriate) when works are proposed on their property or boundaries. Consultation is undertaken by phone (or in person if appropriate) by the Works Coordinator/Foreman responsible for the job.

Significant effort is being applied to collaborating with Iwi/Hapū groups for works planned in their respective rohe to improve consultation/collaboration (refer 2.4 below).

Works Notifications are sent via email on a weekly basis, outlining the river, location, river distance, and type of works planned for the following week. At present there are 78 recipients of the weekly notification and this number grows as collaborative discussions take place with Iwi/Hapū teams. All works sites in the notification are also uploaded to ArcGIS, and an embedded link in the weekly notification email shows where the planned works are located on an aerial photo-map.

Consultation with landowners is an informal process and is not recorded.

2.2.3 Recommended changes

The current version of the ECoP has been in place since 2019, and this is its fifth annual review. An annual review is a requirement of the ECoP.

It has previously been recommended that more efficient internal reporting on completed works commence to assist with future reporting.

2.2.4 Analysis of works

Works continue to be recorded using the TechOne Asset Management Module, the Fulcrum data collection application and the BOPRC Drains app. A full migration to the TechOne Asset Management Module is ongoing.

A summary of the types of rivers and drainage works completed during 2023/2024 follows. A detailed list of completed works by scheme can be found in Attachment 1.

	Types of Works	Total Completed (All Schemes)
1.	Vegetative protection works	105
2.	Hard engineering protection works	49
3.	River channel maintenance works	94
4.	Drainage management	407
5.	Flood protection works	234

The Operations team is proactively implementing habitat improvement works wherever this is practicable in conjunction with planned maintenance or construction works. Often this work involves school students growing and planting native plants at theses sties as part of their school environmental programmes.

The Operations team is aware of the effects management hierarchy required by the NES/NPS for freshwater and this process is used when erosion repair works are being investigated by the team. Softer repair methods involving vegetative, nature-based solutions are prioritised over harder engineering options.

2.2.5 Independent Audit

And Independent Audit is recommended at 5-yearly intervals, which is due this year.

A review of the ECoP is underway as recommended in the April 2017 Flood Repair Project Review prepared by Christensen Consulting Ltd, and to implement applicable requirements from the National Works in Waterways Guideline.

2.2.6 Hapū/Iwi Resource Management Plans (HIMP)

Hapū/Iwi Resource Management Plans (HIMP) are documents developed and approved by hapū and/or iwi. These plans describe resource management issues of importance to them as tangata whenua.

The plans may also contain information relating to specific cultural values, historical accounts, descriptions of areas of interest (hapū/iwi boundaries/rohe) and consultation/engagement protocols for resource consents and/or plan changes.

A list of HIMPs are included in attachment 3.

3. Considerations

3.1 Climate Change

While matters addressed in this report are of a procedural nature, river scheme asset planning and operational activities are focused on adapting to climate change impacts, particularly applying ‘room for the river’ thinking, for ongoing community resilience and safety. Favouring nature-based solutions is more positive from a carbon emissions perspective, as are planting projects associated with habitat improvement projects.

3.2 Implications for Māori

Council acknowledges that the relationships it has with Māori are central to the fulfilment of its statutory responsibilities and will continue to utilise a range of different mechanisms to engage with the wider Māori community and ensure Māori views are appropriately represented in the decision making process.

At an operational level, efforts to engage with Māori are ongoing through various forums including the established co-governance groups (e.g. Rangitāiki River Forum and Te Maru o Kaituna).

At an operational level, staff are working hard to work more collaboratively with Iwi/Hapū to discuss and agree on work programmes and working with Iwi/Hapū contractors if resources and skills are appropriate. Collaborative hui have been held with Hapū river committees including Ngāti Ira, Ngāti Tamahaua, Ngāti Awa, Ngāti Manawa, Ngāti Rangitihi, Te Uru Taumatua and Tapuika.

3.3 Community Engagement

INFORM

Whakamōhio

To provide affected communities with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.

3.4 Financial Implications

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

4. Next Steps

Continue to deliver planned works and services in keeping with the Rivers and Drainage Asset Management Plan and Environmental Code of Practice 2019.

Attachments

Attachment 1 - Table of completed R&D Operations works 2024 ⇩

Attachment 2 - Complaints Register ⇩

Attachment 3 - Hapu/Iwi Resource Management Plans ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	3 September 2024
Report Writer:	Sharlene Pardy, Team Leader Policy (Environmental)
Report Authoriser:	Namouta Poutasi, General Manager, Strategy and Science
Purpose:	To advise the Monitoring and Operations Committee of the district resource consent applications received, commented on, or submitted on, by the BOPRC, for the year 1 July 2023 to 30 June 2024.

District Consent Applications Annual Report 2023/24

Executive Summary

Regional council makes comments on district consent applications to help achieve integrated management of the natural and physical resources in the region, to ensure the Regional Policy Statement and various national policy statements are implemented as intended, and to achieve administration efficiencies when regional consents are also required.

This report provides an overview of the resource consent applications received by the region’s territorial authorities and commented or submitted on by Bay of Plenty Regional Council from 1 July 2023 to 30 June 2024.

Regional council staff considered 398 resource consent applications referred from the region's territorial authorities during 2023/24 under agreed protocols with each council.

The comments made by regional council are generally reflected in the decisions, and as conditions of consent or advice notes of those consents granted.

Comments were provided on 393 of those applications (98%). The number of applications referred to Bay of Plenty Regional Council represented 26% of the total applications received by the territorial authorities.

We are making improvements to this process following an efficiency review and are working with local Councils to recover costs for contaminated land advice.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, District Consent Applications Annual Report 2023/24.

1. Introduction

Bay of Plenty Regional Council (BOPRC) has protocols with each district and city council in the region and the Minister of Local Government for the four outer islands for receiving and evaluating resource consent applications made to those territorial authorities (TAs). There are three main reasons for doing this: (i) to help achieve integrated management of the natural and physical resources in the region in accordance with s30 of the Resource Management Act 1991 (RMA); (ii) to ensure the Regional Policy Statement and various national policy statements are implemented as intended; and (iii) to achieve administration efficiencies between regional council and the TAs when regional consents are also required.

Resource consent applications cover a range of activities from simple subdivisions through to large scale developments and designations. TAs are required by the RMA to send all notified applications to BOPRC.

Applications are assessed by technical staff who evaluate the proposed activity against regional council’s plan and policy requirements within six working days. The District Applications Coordinator administers this process and produces the necessary response based on staff comments.

Most comments relate to:

· Stormwater and flooding impacts

· Onsite Effluent Treatment Systems

· Contaminated land

· Highly productive land

· Coastal hazards

· Ecology, landscape and natural character.

All responses to the TAs are entered into BOPRC’s consent system, Accela. Those applications that are likely to require regional consent can then be monitored by BOPRC’s compliance team.

1.1 Integrated Management

The process helps to achieve integrated management by detecting activities that may require regional consent from BOPRC. Joint consent process opportunities are also identified to ensure a more efficient process and minimise costs to the applicant.

In order to audit the relevance and adequacy of the comments made by BOPRC, the TAs are requested under the protocol to forward a copy of their decisions to BOPRC. From the information received it is apparent the comments made by regional council are generally reflected in the decisions, and as conditions of consent or advice notes of those consents granted. The full audit is planned to occur as a summer project 2024/2025.

BOPRC’s interaction with the district resource consent application system enables regional council to be up to date with overall development trends in the region and the demand this creates on resources.

1.2 Alignment with Strategic Framework

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
A Vibrant Region	We contribute to delivering integrated planning and growth management strategies especially for sustainable urban management.
The Way We Work	We look to partnerships for best outcomes.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

Council	Total 2023/24 Applications	Comment / Submission	Total 2022/23 Applications	Comment / Submission
Kawerau District Council	3	3 (100%)	8	5 (63%)
Ōpōtiki District Council	33	32 (97%)	39	36 (92%)
Rotorua Lakes Council	97	96 (99%)	150	137 (91%)
Taupō District Council	0	0 (0%)	0	0 (0%)
Tauranga City Council	61	61 (100%)	59	56 (95%)
Western Bay of Plenty District Council	100	99 (99%)	116	109 (94%)
Whakatāne District Council	103	101 (98%)	117	109 (93%)
Department of Internal Affairs for Bay of Plenty Offshore Islands	1	1 (100%)	0	0 (0%)
Totals	398	393 (98%)	489	452 (92%)

2. District Applications Summary

From 1 July 2023 to 30 June 2024, staff considered 398 district consent applications referred by the TAs in the region (compared to 489 for the 2022/23 financial year). Comments were made on 393 (98%) of those applications (compared to 452 (92%) for the 2022/23 financial year). The following table gives a breakdown of these figures by district:

Points to note:

· A decrease in the overall number of applications received. This could be attributed to the current state of the economy and overall downturn in development.

· A significant decrease in the number of applications from Rotorua Lakes Council. This is likely due to fewer greenfield developments than the previous year, and more of the land use consents received by the TAs involving activities that didn’t trigger regional input under the agreed protocols.

· Stormwater management and mitigation for proposals located within catchments that flow into BOPRC’s flood control systems / schemes and other already flood prone areas are more challenging issues for Rotorua Lakes Council, Western Bay of Plenty District Council and Tauranga City Council.

· Approximately half of the total responses provided on district consent applications included contaminated land advice as per agreed protocols.

· A steady percentage of comments made on consent applications received.

3. District consent applications referred by territorial authorities

The following table provides information regarding the total number of applications received by the TAs ^{^[4]} and those subsequently referred to BOPRC, under either the protocols or the RMA, from 1 July 2023 to 30 June 2024. Based on the figures received from the TAs, the number of resource consent applications referred to BOPRC (398) represented 26% of the total applications (1552) received by the TAs in the Bay of Plenty region.

Council	Subdivision	Land Use	Total applications to territorial authority	Received by BOPRC for comment / submission	% of total applications received for comment / submission
Kawerau District Council	5	6	11	3	27%
Ōpōtiki District Council	17	36	53	33	62%
Rotorua Lakes Council	137	203	340	97	29%
Tauranga City Council	199	317	516	61	12%
Western Bay of Plenty District Council	128	219	347	100	29%
Whakatāne District Council	69	115	284	103	36%
Department of Internal Affairs for Bay of Plenty Offshore Islands	1	0	1	1	100%
Totals	556	896	1552	398	26%

Subdivision consent figures include boundary adjustments, changes to consent conditions and cancellation of consent notices. Land use consent figures include designations, outline plans and changes to consent conditions.

4. Submissions and appeals

4.1 Submissions

Of the 398 district consent applications received, two were notified or limited notification. These were both from Western Bay of Plenty District Council.

No formal submissions were needed.

4.2 Environment Court Appeals

Council is not currently involved in any appeals before the Environment Court in relation to district consent applications.

5. Considerations

5.1 Climate Change

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

5.2 Implications for Māori

A number of district consent applications received include Māori cultural impacts or considerations.

The Regional Policy Statement contains Iwi resource management provisions (objectives, policies and methods) which need to be taken into account by TA decision makers.

Where relevant regional council refers to these provisions in the responses to ensure such matters are drawn to the attention of the decision maker and applicant’s agent.

5.3 Community Engagement

Engagement with the community is not required as this is an information only report for internal Council matters only.

5.4 Financial Implications

There are no material unbudgeted financial implications and the costs associated with the district consent application process fit within the allocated budget.

It should be noted that we have recently reviewed our process to identify areas of efficiency. One area in particular where potential savings have been identified is with the provision of specialist contaminated land advice in relation to the National Environmental Standard for Assessing and Managing Contaminants in Soils to Protect Human Health (NESCS). Regional council staff are currently working with local councils to recover costs incurred by regional council from the consent applicant through an on-charging of costs mechanism with the local council.

6. Next Steps

Regional council staff will continue to review the district consent application process and make improvements where possible to ensure that is implemented effectively and efficiently.

[2] There is additional information on proactive bitumen plant monitoring in the Chairperson’s report

[3] An update is included in the Chairperson’s report

[4] Excluding: objections, time extensions, certificates of compliance, revocation of easements, existing use rights certificates and survey plans.

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