Agenda of Monitoring and Operations Committee

Monitoring and Operations Committee Minutes

3 September 2024

Monitoring and Operations Committee

Open Minutes

Commencing: Tuesday 3 September 2024, 9.30 am

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

Chairperson: Deputy Chairperson Cr Ron Scott – Chair for the duration of this meeting.

Members: Cr Kevin Winters (Chairperson)

Cr Stuart Crosby (via Zoom)

Chairman Doug Leeder

Cr Jane Nees (via Zoom)

Cr Paula Thompson (via Zoom)

Cr Lyall Thurston (via Zoom)

Cr Andrew von Dadelszen (via Zoom)

Cr Te Taru White (via Zoom)

Cr Kat Macmillan

Cr Malcolm Campbell

Cr Ken Shirley

In Attendance: Fiona McTavish – Chief Executive (via Zoom), Chris Ingle – General Manager, Integrated Catchments, Namouta Poutasi – General Manager, Strategy and Science, Staff Presenters – as listed in the minutes, Amanda Namana – Committee Advisor

External: Ross Edwards – Operations, Trapping and Work Days (Ōtanewainuku Kiwi Trust), Carl Lucca - Team Leader, Urban Communities, Sarah Omundsen - General Manager, Regulatory and Compliance and Janine Speedy - Team Leader, City Planning (Tauranga City Council), Dr Emily Wilton – Owner (EnviroNet Ltd), Graham MacLean - Deputy Chief Executive – Response, Security and Safety Services and Michael-Paul Abbott - General Manager, Regulatory Operations (Maritime NZ)

Apologies: Cr Matemoana McDonald, Cr Toi Kai Rākau Iti

Please note: This meeting was livestreamed and recorded and can be accessed on Council’s YouTube channel: Monitoring and Operations Committee - 3 September 2024

Chair’s Statement

The Chair advised that the meeting was being livestreamed and recorded and that the recording would be made available on Bay of Plenty Regional Council’s website following the meeting. He also advised that as per Standing Order 14.3, the Chairperson vacated the chair and Deputy Chairperson, Cr Scott assumed the chair for the remainder of the meeting.

1. Apologies

Resolved

That the Monitoring and Operations Committee:

1 Accepts the apologies from Cr McDonald and Cr Iti tendered at the meeting.

Campbell/Macmillan

CARRIED

2. Declaration of Conflicts of Interest

None declared.

3. Minutes

Minutes to be Confirmed

3.1

Monitoring and Operations Committee Minutes - 11 June 2024

Resolved

That the Monitoring and Operations Committee:

1 Confirms the Monitoring and Operations Committee Minutes - 11 June 2024 as a true and correct record, subject to the following amendments:

· Minute Item 5.3 Climate Change Quarterly Report, correct Bullet Point 3 ‘global risk assessments’ to read ‘local risk assessments’.

Shirley/Thurston

CARRIED

4. Presentations

4.1

Ōtanewainuku Kiwi Trust – pest animal control work

Presentation: Ōtānewainuku Kiwi Trust: Objective ID A4763432

Presented by: Ross Edwards - Operations, Trapping and Work Days

Key Points:

· Ōtanewainuku Kiwi Trust (OKT) and Toi Moana vision statements both had similar purposes

· OKT managed 1200 hectares of public conservation reserve land, primarily associated with pest control projects and approximately 90 volunteers

· Work focused on Kōkako and Kiwi, resulting in increasing numbers of these endangered birds and also benefits to other species and growth of the native bush itself. Successful ferret and rat control was key to the success of growing Kōkako and Kiwi populations

· An elevated level of compliance and governance was being required of OKT and whilst they were motivated to achieve this, it was challenging to find the level of resource required given people were volunteering their time above other commitments

· Possum control was achieved through a non-toxin driven programme – stoat control remained a challenge with trapping efforts not being effective. Feral cats were a growing concern and were noted to kill up to three times a day, predominantly for recreation

· Highlighted a challenge around achieving necessary iwi connections to support this mahi – the ability to connect with the appropriate people was an issue as well as iwi resourcing and capacity

· Noted the current funding agreement with Toi Moana was due for renewal in 2024/2025 and sought information of any further work underway that could be of mutual benefit.

Key Points - Members:

· Acknowledged the important work of OKT and all the volunteers involved.

In Response to Questions:

· Young kiwi wandering past the managed area was a concern due to lower pest control and higher risks to them

· Supported the use of 1080 where appropriate to achieve long term outcomes

· OKT used the Toi Moana pest management portal to log findings and had a project underway to transfer data from those that preferred a manual method

· Building the volunteer base was ongoing, with two strands encompassing those who volunteered every second Sunday and trappers which required a higher time commitment

· Contact points for communicating with relevant iwi would be beneficial and would assist with engagement and shared decision making.

4.2

Tauranga City Council work in response to the Health Risk Assessment

Presentation: Mount to Arataki Spatial Plan and Mount Industrial Planning Study: Objective ID A4763434

Presented by: Sarah Omundsen - General Manager, Regulatory and Compliance, Carl Lucca - Team Leader, Urban Communities, Janine Speedy - Team Leader, City Planning

Key Points:

· Outlined work Tauranga City Council (TCC) had underway in Mt Maunganui and the Mount Industrial Area which had been ongoing for a number of years. Te Whatu Ora health risk assessment had helped inform this work and would continue to do so

· Spatial planning and strategic work also informed investment in infrastructure to support growth

· Issues within the Mount Industrial Area raised by the community were a specific sub-workstream within the Mount to Arataki Spatial Plan, including acknowledging mana whenua concerns regarding the Whareroa Marae and local businesses’ desire to improve environmental outcomes

· Plan Change 38 – Business Land Framework was in progress and would comprehensively review the industrial and commercial zones in the Tauranga City Plan. One of the drivers of the plan change was conflict between land uses so there was work underway to create a hierarchy of commercial and industrial zones and how to spatially apply these

· Aiming for 2026 to have a draft set of provisions for Plan Change 38

· Key areas of investigation considered appropriate buffers between the residential and industry areas.

Key Points - Members:

· Important to emphasise the long term view when considering and addressing the various challenges.

In Response to Questions:

· If a plan change was to alter what was enabled within industrial zones, an industrial business located within current zoning would be able to continue their operations. However if they wanted to change the scale or intensity of the activity beyond what the current consent allowed, or change the type of operation significantly, then they would need to consider other options. A new occupant would have to adhere to the new rules, however if they bought the business and retained the same operation they could remain within the existing land use rules and relevant consents

· Supporting actions for the industrial area included a landscape plan in progress which also comprised buffer zones to enhance amenity and biodiversity

· Acknowledged the long term nature of the plans and that there was no single solution, but land use planning was an important part of solution, collectively seeing improvements over time

· Whareroa Marae had significant concerns which were not limited to air quality matters, additional to other considerations such as natural hazard risks, amenity and noise

· Through SmartGrowth there had been a number of areas identified for ongoing investigation into industrial use, but these areas faced similar issues and challenges. The impacts that came from heavy industry required discussions with community and key stakeholders - industry needed to address environmental challenges through innovation.

4.3

Review of the Toi Te Ora Health Risk Assessment

Presentation: Health Risks of Exposure to Air Pollution in the Mount Maunganui Airshed - A Technical Review: Objective ID A4763437

Presented by: Dr Emily Wilton - Owner, EnviroNet Limited (via Zoom)

Key Points:

· Outlined the review process and the identification of key issues within the health literature

· The nature of the Mt Maunganui airshed (MMA) was different in nature to other airshed locations around New Zealand, including the composition of the industrial airshed and how localised the problem may be. It was also complex in terms of air quality, the contaminants and their sources

· The fine particles were typically and predominately caused by combustion processes or chemical reactions in the atmosphere, whereas the course particles had many sources and were typically caused by erosive mechanisms e.g. crushing/grinding processes

· Concluded that the approach used in the review was generally robust and internationally accepted

· Considered the two changes made to the Health and Air Pollution in New Zealand (HAPINZ) method and agreed that each was appropriate

· With these types of risk assessment there were uncertainties in both directions (not set up to over-estimate nor under-estimate)

· Points noted for the baseline health data were minor

· It was inherent in risk assessments that exposure would be extrapolated from monitoring sites to populations of people living some distance from the sites. For the Mt Maunganui area, there was a high number of monitoring sites and the extrapolation distances to the residential area were small from a technical viewpoint - this was inherent in the methodology used

· The model for NO² was generally from motor vehicles and shipping had not been included

· Outlined some potential differences in exposure assumptions, however the impact was small in the context of the applied methodology

· Suggested the Ōtūmoetai comparison rely on PM¹⁰ data only, as the PM^2.5and NO² data was not considered sufficiently robust for this site. Differences in the demographic needed to be accounted for e.g. age adjusting the baseline health data

· Noted that the approach did not consider the impact on workers and children in childcare in the MMA

· The MMA was the most comprehensively monitored airshed for its size in New Zealand and differed from other industrial airsheds due to the complex mix of contaminants, the residential proximity and the lack of a buffer between these.

In Response to Questions:

· The differences that were quantified were not deemed to be significant, but highlighted that this was also indicative of the scale of the health impacts and the inexact nature of the study

· The exceedances had been by assessed by experts and the source of each identified to a range of industrial activities. Noted also that the air quality issues were not a localised problem, rather were attributed to many sources within the airshed.

10.57 am – The meeting adjourned.

11.17 am – The meeting reconvened.

4.4

Maritime New Zealand - Oil Spill Response

Presentation: Oil Spill Readiness - Maritime NZ's Strategic Approach: Objective ID A4763444

Presented by: Graham MacLean - Deputy Chief Executive – Response, Security and Safety Services and Michael-Paul Abbott - General Manager, Regulatory Operations

Key Points:

· Outlined Maritime NZ’s enhanced capabilities for managing complex incidents which came out of a comprehensive programme launched following the 2013 Simon Murdoch review into the Rena response

· The Rena legacy’s core developments included ensuring a layered response fit for purpose for New Zealand’s needs, involving iwi and community in response work and enhanced specialist support both nationally and internationally

· Noted the new and unique hazards and hazardous substances which posed additional risks for future incidents

· For planning work focus was on national and regional training packages

· Tauranga held the largest stockpile of response equipment in the country based upon highest risk (Port of Tauranga having the highest volume of activity)

· The national dispersant stockpiles located at Linton and Whenuapai were placed to be more easily distributed across the country by the NZ Air Force

· International agreements and arrangements were in place since the Rena incident, including being part of the Oil Spill Response Ltd ( OSRL), which provided access to a wider capability set than that available in New Zealand

· The role of Emergency Management was critical in Maritime response and operating together

· The Oil Spill Readiness and Response Strategy was continually enhanced with lessons learned

· Capability development was a core role, as was support arrangements including a new oiled wildlife response unit

· Maritime NZ maintained 23 oil spill equipment stockpiles in total across the country, with equipment types and quantities determined by local and national risk profiles

· Toi Moana’s Regional Oil Spill Plan also ensured a coordinated response to oil spills through local arrangements

· Every response provided unique insights and lessons for improvement

· Oiled Wildlife Response Unit – mobile and helped with cleaning wildlife

· There was a dedicated and critical function for public information management (PIM)

· Improved mechanisms for funding were implemented following the Rena incident

· Maritime NZ now had a dedicated team focused on international sized ships with a view to prevention.

Key Points - Members:

· Acknowledged the amount of progress made by Maritime NZ in strategy planning and risk assessment following the Rena incident.

In Response to Questions:

· Significant learnings had been achieved from the financial situation that occurred with the Rena and the time it took the operator to work through with the insurer in getting funds released for response and recovery work

· The inland stockpile locations also considered needs for freshwater responses e.g. Horotiu and Te Anau, which were particularly challenging logistically

· A key part of legislative reform underway was an intervention to enable Maritime NZ to prevent ships entering our waters that did not meet certain standards. Increased inspections were growing New Zealand’s international reputation

· Some actions out of the Navigational Safety Bylaw Review may have implications which could be worked through with Maritime NZ e.g. risk training and education. There was a partnership model that could be considered in delivering the best outcomes

· Open to conversations on national levels of regulation regarding bylaws but these were best controlled locally - policy teams from Maritime NZ and Toi Moana would further discuss this.

12:12 pm - Cr Crosby withdrew from the meeting.

5. Reports

5.1

Chairperson's Report

Tabled Document 1 - Black Dust Sampling Report: Objective ID A4763448

Presented by: Chris Ingle – General Manager, Integrated Catchments, supported by Stephen Mellor – Compliance Manager, Ella Tennant – Consents Manager, Karen Parcell – Team Leader Kaiwhakatinana, Shane Iremonger – Team Leader, Science and Glenn Ellery – Environmental Information Manager

In Response to Questions:

· The timeframe for the Genera appeals had been further extended and staff were hoping for an update by the end of the week

· The new monitoring site on Ranch Road, Mt Maunganui was requested by the residential community in the area. Rearranging the monitoring schedule was an opportunity to more intensively monitor residential areas

· Changes to the NZ Coastal Policy Statement had not yet been formed but would consider enabling infrastructure for marine farms

· There were additional environmental issues related to the Taheke Geothermal proposal including the potential for connecting with the Tikitere geothermal system and the significant features in that field. The applicant had been working on ways to address this risk and a decision on the application was expected to be made by 8 November 2024.

Items for Staff Follow Up:

· Bring a report to a future meeting outlining upcoming pre-RMA consents and how they would be managed by the organisation, including resourcing requirements

· There had been air quality monitoring in Ngongotahā in the past and staff were to update the report to clarify information provided, as well as building public transport services and ride sharing into solutions for air quality issues.

Resolved

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

Winters/Macmillan

CARRIED

Decisions Required

5.2

2023/2024 Compliance Activity Report

Presented by: Matt Harrex – Compliance Manager, Land and Water and Stephen Mellor – Compliance Manager. Air, Industry and Response

Key Points - Members:

· Considered one particular sentencing report on prosecution to be manifestly inadequate relevant to the historical issues, and encouraged submissions to the Judge to seek harsher consequences where there were successive failures at prosecution.

Resolved

That the Monitoring and Operations Committee:

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

Macmillan/Campbell

CARRIED

5.3

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

Presentation: Regional Pest Management Plan 2023/24 Annual Report: Objective ID A4763454

Presented by: Romany Prevette-Stanaway – Biosecurity Offer II and Greg Corbett – Biosecurity Manager

Key Points:

· 90% of programmes were on track, and one exclusion pest fish (Rudd) had been detected through eDNA sampling in Matatā lagoon

· The high level of compliance at boat ramps indicated that boat owners were motivated to protect the lakes and freshwater systems from the spread of known pests

· Increased visitors to the website indicated more public interest

· Baseline surveillance for wallaby outside the containment area was almost complete

· Improved compliance with RPMP Rules was attributed to strong engagement with landowners, advocacy and education campaigns

· Challenges remained with some programmes, including the Asian Paddle Crab which were increasing in number despite eradication efforts

· Significant progress with wilding pines had been made through the progressive containment programme

· Although not yet detected in the Bay of Plenty, the closest known infestation of exotic Caulerpa was only 45 nautical miles from Tūhua (Mayor Island) Marine Reserve.

Key Points - Members:

· Expressed concern over the emerging threats and the need to prioritise the eradication of pests already identified in the RPMP

· Expressed strong concern over the spreading infestations of pest plants around the Tauranga and Western Bay roading corridors

· Noted the negative implications pest plants had to the economy.

In Response to Questions:

· Discussions were underway with other key partners around working together on emerging risks.

Resolved

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;

3 Writes to NZTA, noting they have a statutory requirement to control Regional Pest Management Plan pest plants on the roading corridor.

Winters/Nees

CARRIED

5.4

Implementation of the Flood Protection and Drainage Bylaws 2020

Presentation: Implementation of the Flood Protection and Drainage Bylaws 2020 Update: Objective ID A4763466

Presented by: Kirsty Brown – Rivers and Drainage Assets Manager and Hemi Barsdell – Asset Management Specialist

Key Points:

· Bylaws awareness and education had been a key focus, with a number of initiatives implemented in conjunction with the Communications team

· The Kokohinau Urupa was the primary focus of concern and required a sensitive approach in working with Te Pahipoto hapū to understand and manage seepage risk

· The urupa pre-dated the stopbank and flood protection scheme.

· Staff had worked closely with the hapū to quantify the risk, including undertaking geotechnical analysis.

· The purpose of the proposed overlay is to protect the urupa and the land given the height differential.

Key Points - Members:

· Recognised the need for exceptions to especially strict rules and that ultimately, the Rivers and Drainage team needed to determine what was appropriate in each circumstance, based on technical advice.

Key Points - Staff:

· The term ‘ploughing’ also covered tilling and other cultivation techniques

· External Geotech experts had been engaged to provide a technical and indepth analysis, with this work then being peer reviewed

· A literary review had been undertaken, based upon 14 research questions, to inform decision making regarding ploughing adjacent to rivers and flood protection assets.

Resolved

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 (cultivation) rules under Part II of the Bylaws.

Winters/Macmillan

CARRIED

Information Only

5.5

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

Presented by: Chris Ingle – General Manager, Integrated Catchments

In Response to Questions:

· Staff would consider options and report to a future meeting on how to measure/report on habitat improvement works – this may be by way of a guide or intent, noting the desire from members to measure how nature-based solutions were being achieved in a progressive way.

Resolved

That the Monitoring and Operations Committee:

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

Leeder/Shirley

CARRIED

5.6

District Consent Applications Annual Report 2023/24

Presented by: Sharlene Pardy – Strategy and Planning Manager and Pam Crabbe – District Applications Coordinator

Resolved

That the Monitoring and Operations Committee:

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

Shirley/Macmillan

CARRIED

1:40 pm - Cr von Dadelszen withdrew from the meeting.

1.42 pm – the meeting closed.

Confirmed

Cr Kevin Winters

Chairperson, Monitoring and Operations Committee



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 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

· Ōhiwa Mussel Trial Update

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Chairperson's Report.

1. Purpose

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

2. Matters of Potential Interest

2.1 Regulatory Compliance Update

2.1.1 Enforcement

For the year to 21 October 2024 (from 1 July 2024), Regional Council has issued 79 abatement notices and 11 infringement notices, totalling $6,850 in fines in relation to breaches of Regional Plan rules and/or Resource Consent conditions. Over this reporting period, abatement notices were for a range of activities and predominately require the cessation of discharges to land and air. 11 abatement notices were to cease burning prohibited materials; three infringements were served in relation to Rotorua woodburners, two infringements were served for breaches in the Coastal Marine Area, two for open burning offences, two for wastewater discharges, one for the unauthorised take of water, and one for odour.

On 3 September 2024 Council received the sentencing decision for BOPRC vs Rutland. This case involved a discharge of approximately 52.2m³ of dairy effluent through a tap in the wall of an effluent pond. Council officers had previously directed Mr Rutland (the farm manager) and the consent-holder to seal off the tap, which the consent-holder believed had occurred. The discharge spanned two days and caused effluent to enter waterways connected to the Waihī Estuary. The case involved contentious factual issues relating to whether Mr Rutland deliberately discharged effluent to land from the tap or whether the tap had been mistakenly left on after being disconnected from irrigation equipment. The investigation was made more difficult by Mr Rutland giving false information to compliance officers. Judge Tepania described Mr Rutland’s actions as ‘not entirely deliberate’. She held that his failure to supervise the discharge of effluent and to either hook up the irrigation equipment (as the prosecution suggested) or at least ensure it remained hooked up while the tap was on, was negligent and that he was reckless in failing to ensure that the tap was off. Judge Tepania took a starting point of $75,000 and, after reductions for guilty pleas and prior good character, sentenced Mr Rutland to a fine of $52,500. In making her decision Judge Tepania also noted that the Bay of Plenty Regional Council (Council) has, for many years, made significant efforts to encourage compliance with the relevant legislation, through publication of the rules, education, advice, and regular monitoring.

2.1.2 Lake Structure Inspections

As part of monitoring compliance with resource consents, all lake structures are inspected in person every 10 years by Regional Council Compliance Officers. The round of monitoring in 2024 saw 60 individual structures inspected. The majority of these were graded as compliant, so we would like to take the opportunity to thank consent holders for maintaining their structures in a good state.

Figure 1: 2024 Lake structure compliance by rating

Figure 2: 2024 Lake structure non-compliance causes

Of the 60 structures inspection, 51 were graded compliant, and nine were graded non-compliant. The main areas of non-compliance identified were:

· Three structures extended outside their consented dimensions: All resource consents for lake structures have limits on the footprint the structure is allowed to occupy, and any maintenance works must be notified to Regional Council. Most of the non-compliance discovered in this space was from instances where maintenance or alterations were done on lake structures without notification or approval from Regional Council.

· Five structural and safety issues: Some lake structures were discovered with soft or rotten boards which can pose a safety risk. Most lake structure resource consents (particularly for jetties) allow for public use of the structure and require that the structure be maintained in good condition. This is important so nobody becomes injured.

· Private property signs on structures: Structures are required to be accessible by public and one had a “private property” sign in place. Regional Council required the consent holder to remove the “private property” sign so that members of the public are not excluded from access.

2.1.3 Te Rāhui Herenga Waka – Whakatāne Boat Harbour Update

Ahead of his visit to Ōpotiki and Whakatāne on Friday 20 September, the Regional Development Minister Jones indicated in the media that he will be seeking answers on the slow progress of the Whakatāne Boat Harbour project. At the regional summit, the first question was from Dayle Hunia and mentioned ‘abuse of power by Regional Council’. Chairman Leeder had been providing information to Minister Jones about the boat harbour, and the Minister's response at the summit was tempered compared to his comments about no tolerance for bureaucratic treacle reported earlier in the week. The Minister said that his involvement in the site began when Joe Harawira had shown him around and he wanted to do something about the contamination. The Minister also said that Kānoa representatives will come and talk to everyone again and report back to cabinet. This is yet to happen. The Minister was clear that management of toxic soil is within the jurisdiction of the regional council and that central government will only intervene in special circumstances.

Stage 1 of the Whakatāne Boat Harbour development (Te Rāhui Herenga Waka Whakatāne) is now able to proceed, with the Site and Soil Contamination Management Plan (SSCMP) now certified and the Stage 1 bond ($585,000) agreement signed and paid. The project stalled for more than 12 months as Bay of Plenty Regional Council was not satisfied that the development’s plans to manage soil and site contamination risks associated with the development were robust. The Regional Council withheld certification for six iterations of this SSCMP until it deemed the seventh version was sufficient to give confidence that the proposed measures would address and minimise the discharges and risks.

The resource consent does not authorise the offsite disposal of contaminated material. The certified SSCMP covers stage 1 and allows the TRHWW to excavate contaminated material and stockpile it on site until an authorised disposal facility can be found. TRHWW are required by the certified SSCMP the to notify Regional Council of any authorised facilities identified for use. There is a risk that the developers will have nowhere to dispose of the contaminated material as there are few options (none of which are in the Bay of Plenty) due to the contaminants recorded in the material. If an appropriately authorised facility cannot be identified, a suitable location will need to be found and consented, or the material will need to remain on site.

Te Rāhui Herenga Waka Whakatāne have approached Regional Council to investigate the potential use of the Kopeopeo Canal remediation containment sites. The Kopeopeo Canal Remediation Project commenced in 2014 to remove and remediate dioxin contaminated sediment from a five km stretch of the Kopeopeo Canal in accordance with resource consent 67173. The pollution was the result of historical discharges from an old sawmill site from the 1950s through to the 1980s. As part of the project, approximately 34,465m³ of sediment was removed from the canal and pumped into geotubes located within two containment sites (CS1 and CS3) consented as part of the wider project. Following completion of the removal of the sediment from the Kopeopeo Canal scientists began the bioremediation using a combination of fungi, bacteria, and plants. Bay of Plenty Regional Council is the consent holder of 67173 which authorises the establishment of the containment sites and ongoing bioremediation. The bioremediation of the contaminated sediment is expected to be complete by 2029 which is the same year the consent is due to expire.

While there is remaining capacity within CS3, to place further contaminated material within this containment site, Regional Council would need to complete its due diligence and authorise its use as the land and asset owner. If approved, Te Rāhui Herenga Waka would also need to apply to the Regional Council for a new resource consent. As per the normal resource consent process, Te Rāhui Herenga Waka would be expected to carry out an independent technical assessment to determine the feasibility of using this site and the bioremediation methodology of the additional contaminated material proposed to be placed within the containment site. To date, Regional Council has not received an application from Te Rāhui Herenga Waka to place additional contaminated material in CS3.

The schedule of projects to be included in Schedule 2 of the Fast-track Approvals Bill includes an application from Te Rāhui Herenga Waka Limited Partnership to establish multiple disposal sites for the deposit of excavated material from the previously consented Te Rāhui Herenga Waka Whakatāne – Whakatāne Boat Harbour project site. The information submitted for inclusion in the Bill, including the location of any potential disposal site(s), has not been shared with the Regional Council.

2.1.4 Compliance Response

Service Requests 1 July to 30 September 2024

· 520 service requests received (six per day on average).

· 62% of calls related to air quality. 128 calls related to smoke and 124 related to odour.

· 20% of calls were substantiated (i.e. a breach of the Resource Management Act (RMA) was confirmed).

· 145 calls received after-hours (28%) vs 375 calls during work hours (72%).

Figure 3: Service request activity types 1 July to 30 September – larger words had more complaints.

KPI - Response times

· 100% of urgent complaints were received and responded to within 12 hours of the receipt of the initial call.

· 98% of complaints were actioned within three working days of receipt of the initial call.

· 100% of Mount Maunganui Airshed complaints were responded to within 12 hours.

2.2 Resource Consents Update

The Consents team are off to a good start to the financial year with 93% of customers surveyed advising that they are satisfied or very satisfied with the service. 98% of non-notified applications have been processed within the statutory timeframe. Thus far, 245 applications have been received and 248 applications have been granted. For July – September revenue generated through fees and charges was approximately $1.139m and expenses were $1.265m.

Applications progressing through the Covid-19 Fast-track process:

· Taheke Geothermal proposal for a geothermal power station – comments on draft conditions have been submitted and we are now waiting for a decision from the panel.

· Summerset Retirement Village Rotorua, Fairy Springs Rd – comments on the proposal have been submitted and the panel has received comments from an independent suite of experts. The independent planner advised the panel that there is not sufficient information to grant consent.

· Ngongotahā residential development – granted.

The listed projects for the Fast-track Approvals Bill have been released and include 12 projects in our region. Two of these projects, Whaeo and Kaimai hydropower schemes, had already lodged resource consents with Toi Moana and the Stellar Passage is progressing through the Environment Court direct referral process. There are another 22 projects within the region that may also chose to proceed with a Fast-track referral process.

The Ōpotiki Marina consent appeal has been resolved without a Court hearing.

The Genera fumigation appeal is proceeding to an Environment Court hearing in November. The appellant’s issues have mostly been resolved and a Cultural Impact Assessment received, and the hearing is to focus on conditions of consent.

The Environment Court have released their decision for Allied Asphalt, granting consent for 22 years.

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. One exceedance of the standards is permitted annually.

This report covers the period from August to mid-October 2024 (except for the Pollution Hotline update which covers July to September). It gives an overview of the range of activities and teams involved in working to minimise the impacts of air pollution in the MMA.

2.3.1 PM10 monitoring and exceedances in the current financial year

Whilst year on year the number of PM₁₀ breaches recorded has shown a reducing trend (see Figure 4 and Attachment 1), 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 the current 2024/25 financial year there has been one breach of the NESAQ limits for PM₁₀detected at the Ranch Road residential area monitor. This breach was detected on a stormy day when a heavy sea mist was blanketing Mount Maunganui, and as a result we are preparing a case to the Minister for the Environment to apply for a special circumstances (natural causes) dispensation for this breach. Note that dispensation has not yet been granted so the incident is showing as an exceedance in Figure 4.

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 Mount Maunganui Air Quality Working Party

The third of the quarterly meetings of the Mount Maunganui Air Quality Working party for 2024 was held on 10 October, which was the first to be chaired by Paul Cooney who has stepped in to replace Graeme Marshall. It was also the first meeting attended by Tauranga City Council elected representatives, Mayor Mahé Drysdale and Councillor Rod Taylor. Also in attendance was a sizeable contingent of Mount Maunganui business and industry representatives, attending to see the Priority One presentation on the new Mt Maunganui Blueprint and Voluntary Environmental Accord.

Other presenters were:

· Rachael Zame (Cooney Lees Morgan) who presented a plain English interpretation of the complex Environment Court decisions on Bulk Solid Materials and Log Handing and the associated Interim Permitted Activity Rule released as part of that decision.

· Joey McKenzie (Port of Tauranga Environmental Manager) gave an overview of air quality data and monitoring results from the Ports air quality monitoring network.

The hui ended with a workshop session to identify how the working party can be more effective at improving air quality over one, two and five years.

2.3.3 Pollution Hotline Complaints Response

From 1 July to 30 September 2024, 76 service requests were received through the Pollution Hotline relating to air quality within the MMA. Most of these service requests related to odour.

Figure 5: 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 26 of 56 odour complaints (46%) reporting bitumen smells.

During this reporting period, 100% of Mount Airshed-related complaints were responded to within 12 hours.

Three breaches of the RMA were confirmed, one relating to odour and two relating to dust. This caused two abatement notices to be issued and the affected companies to take immediate actions to remedy the odour and dust issues – in one case ceasing production of the odorous product and in the other instance tar-sealing a large area of an unsealed site. The third dust breach was low-risk and again the company affected took immediate action to remedy the issue without an abatement notice being issued.

2.3.4 Odour and pro-active monitoring

Proactive monitoring of the asphalt plants continues as per the method described in the previous report. Proactive monitoring during this period has not resulted in any non-compliance or confirmed breaches of the RMA being identified.

2.3.5 Consents

There are several applications that are currently being processed in the Mount Maunganui area and new applications are anticipated following recent Court decisions.

Allied Asphalt Ltd

A preliminary decision to grant consent for a 22-year term was received from the Environment Court on 9 October 2024, subject to the submission of a revised set of conditions to be lodged with the Court by 25 October 2024. The Court has granted consents for both the existing and proposed new plants, on terms which are largely consistent with Allied’s proposal (which was supported by both the Councils). The Court is complimentary of the Councils’ case (the officers’ report, the Councils’ experts, and legal submissions). It is also complimentary of the Regional Council’s wider approach in requiring Allied to reconsider its original proposal and submit a proposed which represents BPO in a polluted airshed.

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. Judge Smith has directed that the Environment Court Hearing will proceed on 4 November 2024 to hear submissions on the final set of 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 Ltd)

Still awaiting further information requested. WMNZ was lodged in 2016 and a S92 request was issued by the initial processing planner in February 2021. BOPRC are currently proceeding with processing this consent.

The Port of Tauranga Limited

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.

2.3.6 Policy Matters

Three interim Environment Court decisions have been released for the Plan Change 13 (PC13 – Air Quality) appeal. The third interim decision is to be treated as the final findings of the Court and the rules are deemed to be operative.

This decision brings into effect an interim permitted activity rule to last 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.

The interim decisions also provided Council staff direction on the final draft provisions for the section 293 Court-directed process to control PM10 emissions from unsealed yards in the MMA which will also be included as part of PC13.

The final decision for PC13 will only be issued after the section 293 process on unsealed yards is finalised. An Environment Court hearing for this matter, and in relation to a policy requiring iterative management of air quality in the MMA, was held 14-15 October and a decision is expected later this year.

The Court’s interim decisions 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 section 293 process will help shape the approach to PC18.

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, qualifying activities undertaken in the Mount Maunganui airshed are required to submit a dust management plan to the Bay of Plenty Regional Council. This rule 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.

The IPAR rule specifies trigger values for PM₁₀. Following any exceedance of these trigger values there is a requirement for an investigation to determine the cause, including identification of required corrective actions to minimise the chance of this re-occurring. These findings must be documented by an air quality expert, with the resulting report also provided to Regional Council.

The PM₁₀trigger values specified in this rule are:

(a) 150 micrograms per cubic metre (calculated as a rolling 1-hour average concentration), OR

(b) 65 micrograms per cubic metre (calculated as a rolling 12-hour average)

These IPAR trigger values need to be distinguished from the National Environmental Standards for Air Quality Regulations which set a threshold concentration for PM₁₀ of 50 micrograms per cubic metre expressed as a 24-hour average.

2.4 Rotorua Air Quality Programme Update

2.4.1 Rotorua’s air quality programme’s success acknowledged by other Councils

Stats NZ recently released data showing that air pollutants have mostly decreased nationwide between 2016-23. In that period, Rotorua moved from having the worst air quality in the North Island to meeting National Environmental Standards for Air Quality.

Tokoroa now has the North Island’s worst air quality. This was recently picked up by media (RNZ) who interviewed Waikato Regional Council (WRC) Senior Scientist, Jonathan Caldwell.

Within the interview WRC acknowledges interventions taken within the Rotorua Airshed, including the Rotorua Air Quality Control Bylaw, that has greatly improved Rotorua’s air quality. Mr Caldwell recommended South Waikato District Council introduce a similar bylaw.

“Rotorua had similar air pollutant problems or air quality as Tokoroa ... and what we’ve seen over that same period of time, since that bylaw has been introduced, is very large improvements in air quality, so the number of exceedances has dropped to pretty much almost zero now,” Caldwell said.

2.4.2 2024 Rotorua Airshed winter enforcement of rules for non-complying solid fuel burners

Compliance staff have completed their 2024 winter enforcement of non-complying solid fuel burner use. The figures below are abatement/infringement notices served per property address (not per individual property owner).

Year	Abatement Notices served	Infringement Notices served	Warning Letters served	Remaining non-compliance
2022	33	0	0	1
2023	52	5	2	12
2024	46	10	0	27
TOTALS	131	15	2	40

Figure 6: 2022-24 winter enforcement notices served for non-complying solid fuel burner use. Note, abatement notices do not incur fines.

Of the 148 properties that received a letter or notice identified in Figure 6, 40 properties remain non-complying as at 30 October 2024.

In February 2021 all Rotorua Airshed ratepayers received a letter advising them of Rotorua SFB rules, specifically, a ban on using non-complying SFBs. Since then, BOPRC has used their social media platforms, and the local newspaper to remind the community that enforcement of the rules happens each winter.

Abatement Notices are served in person when possible. This allows staff to: engage with offenders soon after the offence; inform them they are using non-complying SFBs; check they understand the SFB rules; and advise them they must stop using them or risk further enforcement action (Infringement Notices) which may result in fines. Without exception, when staff spoke to offenders during the 2024 winter, they were aware they should not be using their burners. Staff are mainly dealing with active resistors who prefer to wait until they are caught before they cease using their non-complying burners.

If an owner-occupier is unable to afford replacement heating, staff direct them towards the Energy Efficiency and Conservation Authority’s (EECA’s) Warmer Kiwi Homes (WKH) heating and insulation scheme. This includes assisting them with their application and connecting them to EECA insulation/heating providers. EECA grants cover 80-90% of the cost of insulation and up to 80% of the cost of approved heating appliances. The Regional Council fund the 10-20% unfunded EECA portion and owners receive their insulation and heating for free. The WKH eligibility criteria requires a property to be in census deprivation zones 7 to 10 (for insulation) and 8 to 10 (for heating grants), or alternatively, an owner can hold a Community Services Card.

Staff are in the throes of re-contacting owners (via telephone and written correspondence) represented in Table 2, who haven’t removed/replaced their non-compliant heating. Ideally, their properties will be compliant before the 2025 winter. Similar enforcement will be undertaken in 2025.

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

Clarity low-cost indicator sensors collected data over winter and the data will soon be analysed. The results will be shared with councillors, and the Rotorua Air Quality Working Party, in March/April 2025.

2.5 Ōhiwa Mussel Trial Update

A new resource consent (15-year term) was issued on the 26th of July 2024 to the Bay of Plenty Regional Council to continue with the Ōhiwa harbour mussel trial project Awhi Mai Awhi Atu. Awhi Mai Awhi Atu is an Ōhiwa Harbour Implementation forum (OHIF) initiative previously funded by MPI and the Sustainable Seas National Science Challenge. The consent is for the occupation of coastal space for two mussel spat line structures. BOPRC contribute towards the cost of the new Resource Consent, a NIWA annual survey of the mussel and starfish populations, and upkeep of the structures. The BOPRC funding is allocated via our OHIF partnership fund (LTP approved), and these works contribute towards the Regional Council objectives in the Ōhiwa Harbour Strategy.

The most recent survey showed a rise in the population of maturing mussel, however with an absence of juvenile recruitment. NIWA applied for funding for starfish removal, but this was unsuccessful. Funding or developing a strategy to continue starfish control post completion of the MPI funding remains an ongoing issue. An option being explored is utilising dive clubs and volunteers with a keen interest in the marine environment. The photographs below were taken by NIWA during the recent survey and show a cross section of the mussel populations on the harbour bed. The bottom photograph shows starfish predating on a mussel bed.

Figure 7: Video collected along Transect 1 by diver using GoPro Hero12 with two video lights. Note the knot of the groundline indicating the start of a new 10m transect segment.

Figure 8: Video frame grab of quadrant A1 (10m mark) along Transect 4. The contents of the quadrant were collected into a coarse mesh bag and later enumerated. Note the dead horse mussel (Atrina Zelandica) shell visible to the right of the quadrant. Video was collected with a GoPro Hero4 camera (no lights).

Attachments

Attachment 1 - PM10 Breaches ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 2024
Report Writer:	Kirsty Brown, Rivers and Drainage Assets Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To provide an overview of the Rivers Scheme Advisory Group meetings held September-October 2024.

Rivers Scheme Advisory Groups - Summary of Meetings September - October 2024

Executive Summary

The River Scheme Advisory Groups are the key forum that provides for collaboration between the Council and targeted ratepayers for rivers and drainage scheme management. The groups meet biannually, in March and September.

This report provides on overview of the key agenda topics from the recent Advisory Group meetings held in September and October 2024.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Rivers Scheme Advisory Groups - Summary of Meetings September - October 2024.

1. Introduction

Council has four river scheme advisory groups:

· Kaituna Catchment Control Scheme Advisory Group

· Rangitāiki-Tarawera Rivers Scheme Advisory Group

· Whakatāne-Tauranga Rivers Scheme Advisory Group

· Waioeka-Otara Rivers Scheme Advisory Group

These groups facilitate communication between targeted ratepayers, elected members, and staff, providing valuable input on capital and operational programmes and financial decisions. While they don’t have decision-making authority, their input is highly valued, and their views are taken into consideration by Council when making decisions relating to scheme funding and related matters. Each group meets twice a year in March and September and is chaired by a Regional Councillor.

The purpose of this report is to provide a high-level overview of the September-October 2024 round of advisory group meetings.

1.1 Alignment with Strategic Framework

Future ready communities	Goal 5 Communities are aware of and prepared for the impact of natural hazards and climate change.
Connected and enabled communities	Goal 9 We foster strong communities through engagement in decisions that are important to them.
Sustainable development	Goal 14 Regional infrastructure is resilient, efficient and integrated.
The Pursuit of Excellence	Goal 15 Supporting enhanced Māori participation in operational activities and progressing new opportunities where they arise within existing operations.
How we work	1. We look to add value regionally

The River and Drainage schemes provide long-term infrastructure that enhance our community’s wellbeing by safeguarding people, property, and livelihoods from the impacts of river flooding and land drainage challenges.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

High - Positive

þ Economic

High - Positive

2. Background

2.1 Agenda Topics

2.1.1 Long Term Plan 2024-34, Rivers and Drainage Asset Management Plan 2024-74 Update

Members were provided an overview on their scheme’s LTP capital and maintenance budgets for the coming years, as adopted by Council on 26 June 2024. It was noted that these budgets excluded the recently confirmed central government funding for key capital projects, which will be reflected in the next Annual Plan capital budgets.

2.1.2 Central Government Funding

Members were advised of the recently secured central government funding.

Regional Investment Fund (RIF)

Funding of $20.3 million has been granted through the Regional Investment Fund towards key capital projects. The approved funding was as a result of an updated business case titled “Before the Deluge 2.0” from Te Uru Kahika, for co-investment in flood control infrastructure and was based on 60% of the estimate project cost.

1. Kaituna Catchment Control Scheme - $8.42 million:

· Ford Road Pump Station replacement -$5.8 million.

· Kaituna canal stopbank upgrades - $1.42 million

· Te Puke stormwater upgrade (Seddon Street pump station) - $1.2 million

2. Whakatāne-Tauranga Rivers Scheme: Project Future Proof - $10.69 million

3. Waioeka Otara Rivers Scheme: Stopbank upgrades - $1.2 million

Cyclone Recovery Capability Fund

Council has also received funding from the Cyclone Recovery Capability Fund. This funding is designed to support local government capability to speed up recovery actions, following the 2023 North Island weather events. The funding criteria targeted the acceleration of investigation, design and consenting works that would enable recovery projects to be completed sooner. Two projects were approved for financial support.

· Kaituna Catchment Control Scheme: $513,000:

o Ohineangaanga Stream Remediation: $343,000

o Kaituna River Stopbank Geotechnical Investigations: $170,000

2.1.3 Essential Freshwater Update

The Planning and Policy team presented the draft changes to the Regional Natural Resources Plan to each Advisory Group, preparing members for the upcoming feedback period in November-December 2024. The presentations sparked active engagement and led to several requests for follow-up meetings. Affordability emerged as a significant concern for local farmers.

2.1.4 Draft Statement of Revenue and Expenditure

The draft Statement of Revenue and Expenditure for the 12-month period ending 30 June 2024 was presented to each Scheme's Advisory Group. The statement included a detailed overview of financial performance for the year. Additionally, the loan balance for each scheme as of 30 June 2024 was provided:

Scheme	Loan balance as at 30 June 2024
Kaituna Catchment Control Scheme	$14,106,000
Rangitāiki-Tarawera Rivers Scheme	$48,918,000
Whakatāne-Tauranga Rivers Scheme	$8,844,000
Waioweka-Otara Rivers Scheme	$3,966,000

2.1.5 Infrastructure Insurance Internal Review

Members were informed of an internal review of the infrastructure insurance, aimed at exploring potential options to reduce the premium. Additionally, it was noted that Aon Ltd, the insurance brokers for BOPLASS, recommended a review of the sub-loss limit, which is currently set at $24 million. This limit is considered insufficient in the current environment and may require adjustment to better align with risk exposure.

2.2 Scheme Specific Agenda Items

2.2.1 Kaituna Catchment Control Scheme Advisory Group – 4 September 2024

Ford Road Pump Station

A project update was provided. An Archimedes Screw pump was recommended as the most cost-effective solution. Members were advised of a report going to the 12 September 2024 Council meeting, covering the extra costs, the recommended pump type, plus Regional Infrastructure Fund support. Concerns were raised about future costs, ongoing delays, alternative solutions, and compliance with water quality plan changes. The Archimedes option was preferred as more cost effective long-term.

Ngongotahā Stream Flood Mitigation – Civil Works

The project update highlighted the progress on flood mitigation efforts. It was noted that the initial cost estimate has significantly increased, leading to the exploration of alternative options. Surveying is in progress, with 155 households contacted for floor-level assessments. Community concerns about delays were acknowledged, reflecting anxiety from past flood experiences.

2.2.2 Rangitāiki-Tarawera Rivers Scheme Advisory Group - 11 September 2024

Rangitāiki Floodway Spillway Update

A presentation was provided on the Rangitāiki Floodway Spillway construction works, scheduled for completion in early 2025. Following the recently secured central government funding, the capital works budget will be revised, and adjustments will be reflected in the next Annual Plan. The spillway budget reconciliation is in progress, with a slight overrun expected due to additional earthworks due to ground conditions. A site visit followed the meeting.

Aniwhenua Dam Reconsenting

Southern Generation’s Aniwhenua Dam consent expires in October 2026. Council has dual roles as consenting authority and river scheme managers, so legal guidance was sought clarifying Rivers and Drainage role in the reconsenting process. Rivers and Drainage must maintain independence and focus strictly on flood protection functions and assets and should not engage around broader environmental issues.

Preliminary discussions have started with Southern Generation. Advisory Group members requested to stay informed, with a request that the Consent Manager attend future meetings.

2.2.3 Whakatāne-Tauranga Rivers Scheme Advisory Group - 18 September 2024

Project Future Proof

A presentation was provided on the Stage 1 construction works which is nearing completion, and an overview of Stage 2 which is currently at the consenting and public engagement phase. Design updates and artists’ impressions were provided for planned improvements from the Whakatane isite Visitor Information Centre to Waiari Stream (Stage 2A) and from Waiari Stream to the end of Quay Street (Stage 2B). Whakatāne District Council requirements have been incorporated into the design for Stage 2 including provision for infrastructure and balustrades.

Safeguarding our Stopbanks Project

An update was provided, covering the completion of Stages 1 to 3, and a progress update for Stage 4, the final phase of the Whakatane work. It was noted that Stage 4 involves the most adjoining properties and presents unique challenges. These include fewer heavy tree encroachments and over-boundary issues, but more engagement and geotechnical requirements. Positive feedback was received on the project’s progress and outcomes. A site visit followed the meeting.

2.2.4 Waioweka-Otara Rivers Scheme Advisory Group - 2 October 2024

Draft Evacuation Maps for Ōpōtiki

Members were advised that the Draft Ōpōtiki Evacuation Maps are nearly complete and will be sent to the Ōpōtiki District Council and Emergency Management Bay of Plenty (EMBOP) for review. This project has involved collaboration with the district council, EMBOP, local hapū, and community stakeholders. Further support will be provided to ensure the maps are finalised and implemented, enhancing the safety and preparedness of the Ōpōtiki community.

Rivers Scheme Sustainability (RSS) Project Update

Members were informed that the RSS Project has progressed for the Waioweka-Otara Rivers Scheme with the completion of the capacity review and geotechnical investigations. An options selection workshop, involving key stakeholders and local hapū, is scheduled for 21 November 2024. Volunteers were sought from the members to represent the Advisory Group. A report on RSS is being prepared for the Strategy and Policy Committee.

3. Considerations

3.1 Climate Change

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

The River Scheme Advisory Groups supports Rivers and Drainage’s role in climate change adaptation. Composed of local stakeholders and targeted ratepayers, they provide feedback on scheme management by offering insights on community values, objectives, and potential solutions. This helps align works with environmental sustainability and local needs. This collaborative approach enhances resilience to climate impacts.

3.2 Implications for Māori

Iwi and hapu have an important role in the Advisory Groups as significant landowners and contributing a cultural and health of the rivers perspective. Their participation brings a Te Ao Māori viewpoint, which enhances the implementation of the operational and capital work programmes. This approach supports improving the cultural, environmental, and spiritual values into the management of river schemes, working towards a more balanced and inclusive approach to decision-making.

3.3 Community Engagement

CONSULT

Whakauiuia

To obtain input or feedback from affected communities about our analysis, alternatives, and /or proposed decisions.

The River Scheme Advisory Groups play a major role in promoting community engagement on flood protection and drainage matters. These groups provide an opportunity for targeted ratepayers to offer valuable feedback and input, ensuring that local concerns and insights are considered in the planning and decision-making processes. By actively involving the community, Advisory Group members help support and shape Rivers and Drainage work programmes, ensuring they consider both community needs and technical objectives.

3.4 Financial Implications

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

4. Next Steps

Following the September-October 2024 meetings, the following will be taken before the March 2025 round of meetings:

· Action items identified during the meetings will be addressed, and updates will be reported back to Advisory Group members.

· Feedback on key capital projects will be reviewed, including addressing design delays, exploring alternative solutions to ensure cost-effective and efficient options, and reviewing project schedules and resource allocation.

· Budget forecasts will be updated based on the recently secured Central Government grant funding from the Regional Infrastructure Fund.

· Updates on key projects will continue to be provided to Advisory Group members between scheduled meetings.



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 2024
Report Writer:	Nic Newman, Climate Change Programme Manager
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To update the committee on progress of Climate Change work in last two quarters.

Climate Change Programme Quarterly Report

Executive Summary

This report provides an update on climate change actions, managed through the Climate Change programme. Notable highlights from the last period include:

o A new agreement with Tauranga City Council to support community-led adaptation projects in the city. The launch of two more community projects and the successful completion of another.

o The Finance and Expenditure Committee completed its cross-party inquiry into climate adaptation in October with its recommendations to shape the development of a much-needed National Adaptation Framework.

o A new Sea Level Rise Viewer has been released, to assist with community planning, developed in conjunction with Waikato Regional Council.

o The fourth National Climate Adaptation practitioners conference was hosted in Pāpāmoa, with representatives from Southland to the Far North, Central Government, the private sector, and local tangata whenua.

o Toi Moana’s Greenhouse Gas Inventory for the 23-34 financial year is complete. Net emissions for 2023-2024 were 924 tCo2-e. Made up of: Gross emissions of 1133 tCO2-e less Carbon stored of 209 tCO2-e.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Climate Change Programme Quarterly Report.

1. Introduction

The Bay of Plenty Regional Council vision is to strengthen the long-term resilience and sustainability of the region through climate change action and awareness.

Council’s delivery of climate change actions is managed, monitored, and reported through the Climate Change Programme, across 5 goals.

This report covers the progress of work in the last period. A dashboard is attached to this report to provide a snapshot of progress under the programme.

1.1 Alignment with Strategic Framework

Future ready communities	Goal 5 Communities are aware of and prepared for the impact of natural hazards and climate change.
Future ready communities	Goal 6 We will empower communities to make sustainable choices and transition towards a low emissions economy.
Future ready communities	Goal 7 We seek to provide nature-based solutions as appropriate to enhance the environment and protect our communities.
Sustainable development	Goal 12 We support development and growth that takes into account the four wellbeings of people and communities, the need to maintain and enhance the quality of the environment, and the reasonably foreseeable needs of future generations.
Sustainable development	Goal 13 Enable and advocate for climate resilient spatial plans that take a sustainable development approach.
Sustainable development	Goal 14 Regional infrastructure is resilient, efficient and integrated.

Our Climate Change work connects with a range of work across all five community outcomes, but the projects highlighted in this report contribute principally to community outcomes 2 & 4 and their associated goals.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

High - Positive

þ Social

High - Positive

þ Economic

Low - Positive

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

2. Climate Change Programme of Works

2.1 Programme highlights for last period

2.1.1 Community Led Adaptation Projects

The latest project to complete is the Adaptation Plan for Motuhoa Island. Over the past year the Motuhoa Island Whānau Trust have worked to develop an adaptation and resilience plan for the island, which is located off Ōmokoroa. The Trust ran a collaborative project involving whānau, hapū, iwi, and specialist technical advisors, involving a number of Wānanga and field trips to the island. The plan identifies changes to the island based on local observations and science and identifies the key issues for the future under a changing climate, for example: threats to the urupā and to island habitat. 8 key actions are identified to address the risks and build resilience.

Image 1: The climate landscape of Motuhoa Island

Te Whakatōhea are working with Lincoln University on a project for Food Security under a changing climate. In August they held 3 workshops in Ōpōtiki for young leaders, tribal leaders, and with growers, to explore and map food security opportunities in their rohe. The project will enable the tribe to build their climate awareness and to plan for future food security at a range of scales.

Image 2: Food security wānanga #1 with Te Whakatōhea and Lincoln University

Staff from the Climate Change team and the Rotorua Catchments Team are supporting the Rotomā Rotoehu Climate Change Working Group, which was formed after recent flooding around these 2 lakes. The project, which is in the inception phase, will enable the group to understand the key climate related flood risks, now and into the future for Lakes Rotoehu/Rotomā and their communities, and to recommend next steps to the Te Arawa Lakes Strategy Group. The project will follow MFE Adaptation Planning guidance.

Tauranga City Council have agreed to fund Community-led adaptation projects within the city. Our established funding mechanism will be used, while TCC will provide the funding. This initiative will help build the capability of TCC staff in this space and allow our funding to go further. The first project to be funded under this agreement will be with Ngāi Tamarawaho who will investigate and plan for the future management of Motuopae burial island in the Waikareao estuary.

A number of the completed adaptation projects have identified local monitoring as one of their actions. To help enable this, we have successfully secured a Citizen Science Summer Assistant Student. Kiri Shibahara, who is a 3^rd year Environmental Science student at University of Canterbury with a natural hazards focus. She will help us to establish an application/tool to assist community led monitoring, and pilot this with a community led project/s.

2.1.2 The National Picture

Select Committee Inquiry

The Finance and Expenditure Committee completed its cross-party inquiry into climate adaptation at the beginning of October, with their final report available here. The Committee’s high-level recommendations include a set of objectives and principles for a national climate adaptation framework, an outline of who does what, who pays and how costs are shared for residential retreat, with an emphasis on a ‘whole-of-system’ approach. The Finance and Expenditure Committee has written to Parliament’s Business Committee asking that it organise a special debate in the House. The Government has 60 working days to respond to the report in writing.

Updated national climate projections

NIWA recently completed an update of the national climate projections for Aotearoa New Zealand, previously released in 2018. These provide information about key climate variables such as temperature, rainfall, wind, and drought and how they might change into the future using six global models downscaled to provide New Zealand specific projections at a 5km grid. The downscaling covers the SSP1-2.6, SSP2-4.5 and SSP3-7.0 scenarios, with work underway to include SSP5-8.5 by the end of this year.

MfE have provided a dashboard that provides an overview of how key climate variables are projected to change, broken down by territorial authority. They are also looking to provide a dashboard at the regional level. BOPRC will be updating the regional climate projection information and summaries on our website, once the full regional data is available.

Fourth annual ACAN Hui

The Aotearoa Climate Adaptation Network (ACAN) Hui held its fourth annual Hui, 16-18 October at the Pāpāmoa Surf Club. Over 150 people attended over the three days, including local government staff, central government agencies, researchers, consultants, iwi and hapū.

The theme of this year’s Hui was ‘Practice in action: accelerating climate adaptation through collaboration’, with a mix of presentations and workshops, including sessions from:

· tangata whenua on collaborative action,

· MfE on adaptation planning, and

· the Climate Change Commission on the next iteration of the National Climate Change Risk Assessment.

ACAN is working on transitioning to the Aotearoa Society of Adaptation Professionals (ASAP) with a broader membership base, forming NZ’s first and only professional society that brings together all those practicing and undertaking climate adaptation. BOPRC staff were involved in the Hui organisation, alongside our local council colleagues.

2.1.3 Business initiatives

Central North Island Waste Strategy

Staff are working with counterparts at Waikato Regional Council to progress the Central North Island Waste Strategy. The project is currently in establishment phase:

· BOPRC and WRC are entering into a partnership agreement to formalise roles, responsibilities, financial commitments and project timing.

· WRC has set up a meeting on 24 October to discuss evaluation criteria for an impending Request For Proposal. The evaluation panel will consist of staff from WRC, BOPRC, Hamilton and Tauranga City councils, and Waipa, Taupō and Whakatane District councils.

· Staff from Te Amorangi and their WRC equivalent are providing guidance on the Strategy’s Iwi Engagement Plan, an initial discussion will take place at a meeting on Tuesday 29 October.

Stakeholder engagement will include the private sector and iwi/hapū across the Waikato and Bay of Plenty regions.

Indicative Waste Strategy project completion timeline:

· Background information and data for a draft strategy, 3 March 2025

· Strategy draft approved by participating councils, 7 April 2025

· Consultation with stakeholders completed, 7 May 2025

· Final Waste Strategy published 7 June 2025

Tourism - Low Carbon Circular Economy Programme

The Low Carbon Circular Tourism Economy Programme (The Green Room | Te Rūma Kākāriki) reached its target, with 100 organisations (mix of tourism operators, accommodation, hospitality, community group representatives and event sector organisations) completing the programme in June 2024. These organisations have been working to measure and reduce their carbon emissions, cut their landfill waste and work towards regenerative future. Tourism Bay of Plenty received funding of $60,000 per annum for three years (total of $180,000) from Council’s Community Initiatives Fund through the Long-Term Plan 2021-2031.

This programme has gained national attention with The Green Room being seen as a leading example of how tourism regions can implement the goals set out in the Tourism Industry Aotearoa (TIA) New Zealand Tourism Sustainability Commitment and has also secured funding to extend the programme for the next 12 months.

2.1.4 Tools in the Toolkit

Local Emissions Data Platform Initiative

This cross-council collaborative efficiency project launched recently, involves nineteen councils across the country (including BOPRC, TCC, WDC, RLC and WBOPDC). We have adopted a standardised approach to local greenhouse gas emissions reporting and modelling.

Facilitated by Te Uru Kahika, the Local Emissions Data Platform Initiative aims to equip local government with tools to measure and track emissions in their area and reduce duplication of work and cost across councils. Participating councils can use the platform to help prioritise and share emissions reduction initiatives for their cities or regions.

The Ministry for the Environment has contributed to the funding to help procure and establish the platform, alongside local government and Regional Software Holdings Limited, who provide shared services for Te Uru Kahika. The platform is expected to be a useful tool to understand and inform decisions related to the greenhouse gas emissions associated with transport and spatial planning.

Sea Level Rise Viewer

Council has just launched a Sea Level Rise Viewer to aid with adaptation planning efforts by depicting areas potentially exposed to different increments of sea level rise. It is a visualisation tool, where the user controls how much sea level rise they wish to view. It is based on the latest Lidar data and uses a simple bathtub model.

It is designed to assist with adaptation planning and community conversations, rather than replace more complex inundation mapping. The tool links to the NZ SeaRise site which provides a range of sea level rise projections, along with Vertical Land Movement.

2.1.5 Land use and Nature based Solutions

Natural Capital Regional Resilience

The Aotearoa Circle are delivering a project piloting a natural capital and climate change approach, with the Bay of Plenty the chosen region. The project will outline the climate-nature nexus relevant to the Bay of Plenty’s economic, cultural, social and environmental activities. It will:

o Assess key critical thresholds of the material regional activities within the regional system, based on physical climate change impacts on nature;

o Use scenario analysis to test the time to emergence of the key critical thresholds, in order to highlight current and future vulnerabilities;

o Identify potential opportunities for climate resilience and adaptation and nature-based solutions for key stakeholders within the Bay of Plenty

The final report is due to be released by Christmas 2024. It has involved a number of champions and experts from the region.

Adaptation pathways for sustainable peatland management

BOPRC is supporting the Waikato Regional Council and Landcare Research with a new project they are leading focused on building resilience to climate change through better understanding the adaptation opportunities on drained peatlands. The project is funded with support from the MPI Sustainable Land Management and Climate Change fund. Case studies will form part of the wider project, including assessing peat depth in areas of the Kaituna and Rangitāiki plains, and building a linkage to the BOPRC engineering team’s survey work on monitoring land settlement across the same areas.

MPI Hill Country Erosion Funding

MPI Hill Country Erosion Funding of $774,000 is currently in the process of being administered to landowners (with BOPRC co-funding and support) through the land management Focus Catchments Environmental Programmes. The project will run until 2027 and includes the fencing, retirement and planting of steep erodible farmland, which is expected to have a range of water quality, biodiversity, and climate resilience benefits. Around 100 hectares of land have already been retired and protected in the first year.

Saltmarsh and wetland creation

Coastal Wetlands can provide important sea level rise and climate change resilience, as well as biodiversity benefits, along with sequestering carbon.

A number of different salt marsh and wetland restoration/creation projects are underway around the region, including the Cutwater Road wetland project at Waihī Estuary in partnership with the Te Wahapu o Waihī iwi collective.

Wetlands can also provide for water quality improvement, for example, recent NIWA monitoring data from the Council co-funded Maniatutu Wetland on Baygold Orchards shows contaminants nitrogen, phosphorus, sediment and E. coli are all being reduced in the vicinity of 40-90% as water passes through the wetland.

2.1.6 Events

2024 Envirohub Climate Action Festival

This year’s Envirohub Climate Action Festival ran from 14-20 September.

Image 3: Climate Risk & Resilience panel evening discussion

Staff hosted 2 lunchtime sessions with NIWA’s Serious Flood Game, at the Tauranga City Library for the public to engage in flood management planning through a non-confrontational method. Staff also facilitated an evening panel discussion on Climate Risk and Resilience with local experts.

Over 22 events were held across the week with 1,000 people attending this year's festival.

Youth Impact Challenge

The Inspiring Stories organisation hosted a Bay of Plenty mini–Youth Climate Challenge event in Tauranga on 22 October. The challenge was centred around encouraging positive climate change messaging and reducing climate anxiety. It was a unique chance for young people around the Bay of Plenty to come together and share ideas about challenges relating to climate change and natural environment while learning about the local councils kaupapa in the climate space.

Image 4: Youth Impact Challenge

2.1.7 Path to Net Zero

Toi Moana’s Greenhouse Gas Inventory for the 23-34 financial year is complete. Net emissions for 2023-2024 924 (tCo2-e): Gross emissions 1133 (tCO2-e) - Carbon stored 209 (tCO2-e).

Image 5: Toi Moana’s Net Emissions trend

Corporate emissions reduction

Council met its KPI target for the 2023/24 reporting year, with an overall reduction in scope 1 and 2 emissions of 33.8% compared to last year. The reduction is due to significantly less rainfall resulting in less pump station use as well as our fleet decarbonisation efforts for light vehicles.

Beyond fuel and electricity use, Toi Moana also generates indirect emissions through activities such as procuring goods and services, and staff commuting. We are currently incorporating these indirect sources into our GHG accounting to work towards reducing them. Moving forward, we will report on these two categories of emissions—direct (scope 1 and 2) and indirect (scope 3)—separately.

Background

Council first started measuring its greenhouse gas emissions in 2018 and over the following three years, it reduced its total emissions by 8%. This reduction was largely attributed to the consolidation of office locations following the building refurbishment project and the reduction in air travel and vehicle travel during the COVID response. In 2022, total emissions were projected to achieve a reduction of 19% from 2019; however, heavy rainfalls in winter 2022 and summer 2023 increased the energy demand to power land drainage, flood pumps and vehicle travel.

Overall emissions are currently 4.8% higher than the baseline year (2018-19), driven by increased diesel consumption, as shown in light blue in the graph above. The majority of this rise in diesel use is from fleet vehicles.

Over the past five-year period, the following emissions trends have emerged:

• Scope 1 - Emissions from fuel/diesel have increased by 39% since 2019, this includes both land vehicle fleet and maritime vessels.

• Scope 2 - Electricity emissions have reduced by 30% since 2019, this is largely attributed to the photovoltaic panels being installed at Regional House and the Whakatāne office as part of the building refurbishment projects.

• Scope 3 emissions are no longer included in Council’s KPI reporting, however, emissions from air travel have reduced by 39% since 2019.

Pump Station Electrification

During heavy rain events when rivers are elevated, Council activates flood pumps in key areas to mitigate risks to people and property. Many of these pumps, due to their remote locations, run on diesel so our emissions are heavily influenced by how often we need to activate these. This past year has been significantly drier, resulting in a 179% decrease in the emissions related to diesel used for flood pumps. There was also a 71% reduction in electricity emissions related to the 79 pump stations that are powered by electricity, compared to the 2022-23 year.

The Bell Rd C pump station is one of three diesel powered pump stations situated in the lower Kaituna Catchment Control Scheme. The project to convert the Bell Rd C pump station from diesel to electric is nearing completion and this will assist in reducing the emissions related to pump use should the region encounter another year of heavy rainfall.

During the wettest period recorded in the lower Kaituna catchment (2022 -2023) it was identified that the Bell Rd C pump station needed more staff visits than most other stations. The electrification and electronic upgrade of this site will require less staff intervention to keep the site operational. Retaining the diesel generator with remote monitoring and control will provide the scheme with greater resilience should the site lose electricity supply during a storm event.

Fleet Decarbonisation

For our fleet emissions, a projection of our fleet electrification pathway is underway. This shows a potential 78% greenhouse gas emission reduction between 2022 and 2033 as our fleet moves to fully electric, as shown below.

A graph showing a line of blue and green lines

Description automatically generated with medium confidence

This projection does not account for potential growth in fleet numbers and is dependent on technological advancements making electric utility vehicles a cost-effective option for Council to adopt.

Council has now transitioned 25 vehicles to EV, and this has resulted in a 18.7% reduction in diesel emissions across the fleet. For pool vehicles specifically, a reduction of 26% has been achieved now that the majority of the pool fleet are EV vehicles. Currently, only two diesel light vehicles remain in the pool fleet to accommodate travel to remote locations where EV charging is unavailable.

Work is underway with Council teams on vehicle use optimisation. This involves initially discussing vehicle needs and transport emissions with the team, and then developing options to increase efficiency and reduce emissions, considering policy and behavioural shifts.

Reducing Gross Emissions going forward

The electrification of the Bell Road flood pump and the continuous electrification of our fleet are projected to cut fossil fuel and electricity emissions by 388TCo2-e by 2026-27. Additional emissions reductions will be realised from the solar panels installed earlier this year at the Toroa and Edgecumbe depots. Since the panels became operational shortly after the close of the 2023-24 reporting period, their benefits are not reflected in the latest emissions reporting.

Progress towards the 2026-27 Gross Emissions Target will be reported annually as a corporate KPI. This target to reduce gross emissions by 25% by 2026-27 focuses on emissions sources under our direct control (scope 1 and 2). It is proposed that the current corporate KPI of reducing emissions by 5% on the previous year remains in place for the 2024-34 Long Term Plan as this aligns with the gross emissions target for 2026-27.

Carbon Insetting

Image 6: Carbon storage projections for Pāpāmoa Hills

Insetting carbon is part of the reforestation effort at Papamoa Hills Regional Park, which will keep accounting for carbon storage for the next 50+ years, storing up to 500 tCO2 per annum in 2036. The sequestration calculation refects 46 hectares of native planting between the period of 2009 to 2023. The graph above is a 40-year projection showing the amount of carbon stored at Pāpāmoa Hills.

Staff Travel Project

This project has contributed to a culture of sustainability, focused on how people travel to work. A staff travel survey was carried out in July 2024 which showed a decrease in single occupancy car use by 8%, an increase in rideshare by 4%, along with biking and walking to work increasing by 2%.

Image 6: Snapshot of 2024 Staff travel results

2.1.8 Upcoming work

Citizen Science

A third year Environmental Science and Natural Hazards student from the University of Canterbury will be working as a summer intern in the Climate Team. She will work with 2 communities in the region to trial and establish community monitoring to aid in community-led climate adaptation planning.

Tauranga Geothermal System – Geoheat information sessions

Staff are partnering with GeoExchange NZ and Priority One to deliver a ‘Geoheat’ information session for local commercial and industrial businesses on Thursday 7 November, 4-6pm. The session has a technical focus, and staff will provide a brief outline of the regional geothermal context for this work.

The session builds on the recent scoping study commissioned by BOPRC which highlights the geoheat potential of the Tauranga Geothermal System, and serves as a precursor to BOPRC’s Tauranga System Management Plan workshop for stakeholders on Tuesday 12 November.

Priority One Regional Energy Strategy Forum

Priority One is hosting a Regional Energy Strategy Forum on Thursday 24 October. This is the final forum of four related to development of a Western BOP Sub-regional Energy Strategy.

The aim of the energy strategy is to create a coordinated picture of our energy future across demand and generation, and ranges across stationary energy, manufacturing, and transport.

The preceding forums broadly covered different areas and industries and captured the challenges and opportunities around energy in the Western Bay of Plenty subregion.

3. Considerations

3.1 Risks and Mitigations

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

3.2 Climate Change

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

3.3 Implications for Māori

Climate Change could potentially have significant impact on whānau, hapū and iwi in the region. Many marae in the Bay of Plenty region are located in coastal or low lying areas, or next to lakes or rivers, potentially exposed to flooding and coastal hazards. The Cyclone Gabrielle flood event in Hawkes Bay disproportionately affected several marae and areas of maori land in that region.

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

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

3.4 Community Engagement

The projects highlighted in this report operate across the Community Engagement spectrum. Of note this also includes at the ‘Co-operate’ and ‘Empower’ level.

3.5 Financial Implications

The projects highlighted in this update report are all within budget and there are no material unbudgeted financial implications from this report. The Climate Change Programme is operating within the Long-Term Plan 2024-2026 budget.

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

The recent collaboration with Tauranga City Council now provides the support for community adaptation projects based within Tauranga City. This enhances regional funding availability across the rest of our region and will help grow TCC’s adaptation skills and capability, within the established community-led structure.

4. Next Steps

Staff will continue to report to Monitoring and Operations Committee quarterly on progress of the Climate Change programme.

The Climate Change Action Plan was adopted in the last Strategy and Policy committee workshop which now provides a clear direction on programme of work across the five goals.

Attachments

Attachment 1 - Climate Change Programme Dashboard Nov 2024 ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 2024
Report Writer:	Shay Dean, Environmental Scientist
Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Purpose:	To update Council on management of Priority Biodiversity Sites and highlight opportunities to improve biodiversity management in the region.

Biodiversity Operations Report

Executive Summary

• The Regional Council’s biodiversity programme enables landowners and community groups to protect Priority Biodiversity Sites (PBS) across our region.

- Six new Environmental Programmes (EPs) were initiated on Priority Biodiversity Sites in the 2023/24 financial year. Additionally, nine existing Environmental Programmes on Priority Biodiversity Sites were renewed or extended.

- The LTP target is to increase the percentage of PBSs that are actively managed by 1% each year. This KPI has been met or exceeded for the past four years.

- Levels of management at PBSs have improved over the past year. This includes Priority 1 PBS’s which contain the region’s rarest and most threatened ecosystem types.

· Wilding pine densities in privately owned frost flats (Priority 1 PBSs) have been significantly reduced, but substantial work remains to eliminate pines from adjacent private land blocks and Public Conservation Land.

· Recent analyses indicate a concerning decline in forest health across the region over the past decade. Effective management of browsing animals (deer and goats) is essential to protect biodiversity in PBS’s and forests overall.

· Otago University have launched the NZ BIOFIN assessment to quantify spending on biodiversity and propose innovative funding solutions for biodiversity. BOPRC will undertake a detailed analysis of biodiversity expenditure as part of this project.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Biodiversity Operations Report.

1. Introduction

1.1 Council’s role in biodiversity management

Council has developed a programme to enable landowners and community groups to protect Priority Biodiversity Sites across the region. Grants are applied through funding agreements with landowners called 'Environmental Programmes’ (EPs). Council committed approximately $1.7 million to biodiversity management through EPs in 2023/24[1].

Council grants for biodiversity management are targeted at the 429 Priority Biodiversity Sites (PBSs) in accordance with Council’s Environmental Programmes Grant Policy. These PBSs were identified in collaboration with the Department of Conservation (DOC) to support our joint goal of maintaining and restoring a full range of our region’s ecosystems to a healthy functioning state.

This goal is reflected in the “A Healthy Environment” outcome within the Long-Term Plan 2024-34. This outcome mentions the need to protect and enhance biodiversity for our communities and ensure the region’s diverse range of natural ecosystems are in a healthy state. The LTP contains a Key Performance Indicator (KPI) to increase the percentage of all PBSs that are actively managed by at least 1% each year.

Council’s support for landowners and care groups undertaking biodiversity work is in our Regional Policy Statement, which includes methods to:

· encouraging agencies and landowners to protect key sites; and

· facilitation and support of community based ecological restoration programmes.

The purpose of this report is to update the Council on the management of Priority Biodiversity Sites and to evaluate progress against the Long-Term Plan KPIs outlined above.

1.2 Alignment with Strategic Framework

A Healthy Environment

Goal 1 The region’s diverse range of physical environments and natural ecosystems are in a healthy state.

This kaupapa is aligned with the “A Healthy Environment” outcome in the Long-Term Plan 2024-34. This outcome highlights the need to protect and enhance our region’s biodiversity and to ensure the diverse range of ecosystems within the region are in a healthy state. The LTP contains a Key Performance Indicator (KPI) to increase the percentage of all PBSs that are actively managed by at least 1% each year.

1.2.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

High - Positive

þ Cultural

Low - Positive

þ Social

Low - Positive

þ Economic

Low - Positive

2. Management of Priority Biodiversity Sites

2.1 Newly protected PBSs in 2023/2024

Table 1 PBSs with new Environmental Programmes initiated in the 23/24 financial year.

PBS name	Partners	BOPRC contribution over 5 years	Description	Management
Otamatea Swamp	Private landowner	$ 151,388	Wetland	Fencing, pest management and planting
Tebutt Kahikatea	Private landowner	$ 9,856	Kahikatea forest	Fencing, pest management and planting
Waiōtahe Remnants	Private landowner	$ 41,826 (1 year)	Semi coastal forest	Fencing, pest management
Wright Road Gully	Private landowner	$ 2,100 (2 years)	Wetland	Pest plant management
Thornton kanuka	Private landowner	$ 1,656 (3 years)	Dune forest	Fencing, pest management and planting
Te Mata Reserve (Waihī Beach Grey Willow Forest)	Western Bay of Plenty District Council	$ 82,650	Wetland	Pest management and planting

2.2 PBS’s with EP renewals or variations

Table 2 PBS's with Environment Programme renewals or variations where work was started in the 2023/24 financial year.

PBS name	Partners	BOPRC contribution over 5 years	Description	Management
Matai Road	Private landowner	$ 475,919	Podocarp forest	Deer fencing, pest management, aerial pest control and planting.
Whakatāne & Ōhope Kiwi Sites (Ōhope Scenic Reserve, Kōhī Point Scenic Reserve, Mokorua Scenic Reserve and Ngāti Awa Kawenata).	Ngāti Hokopu & Wherepaia, Te Rūnanga o Ngāti Awa, Ngāti Awa Group Holding Limited, Department of Conservation, Whakatane District Council, Whakatāne Kiwi Trust, Pasadena Farms.	$ 474,538 (two years)	Coastal and semi coastal forest	Pest control
Hinengawari (Rangitāiki Wetlands)	Ngatimanawa Incorporation	$ 99,600	Wetland	Fencing, pest management and planting
Rangipo (Rangitāiki Wetlands)	Private Landowner	$ 99,600	Wetland	Fencing, pest management and planting
Whakapoukorero	Te Arawa Lake Trust	$ 147,200	Wetland	Pest management and planting
Pūtauaki Maunga	Ngā Maunga Kaitiaki Trust	$ 251,350	Forest	Pest management
Putakōtare	Ngatimanawa Incorporation	$ 28,698	Wetland	Pest management and planting
Ōtawa	Department of Conservation	$ 29,840	Forest	Pest management
Upper Paerata Ridge	Private Landowner	$17,550 (3 years)	Semi coastal bush	Animal and plant pest control

Figure 1 Aerial view of Matai Road PBS. This Priority 1 PBS contains the largest remaining area of native forest in the Kāingaroa Ecological District (290ha), of which only 5% of native forest cover remains. This site is home to threatened karearea (NZ falcon), koekoeā (long tailed cuckoo) and long tailed bat. The site is currently being fenced to exclude deer and wallaby.

2.3 Proportion of PBSs actively managed

Council’s LTP 2024-2034 includes a Key Performance Indicator (KPI) to increase the percentage of all PBSs that are actively managed, by at least 1 percent each year. The 2023/24 target was 45 percent of sites actively managed, and this target was exceeded by nearly 3 percent. The proportion of PBSs receiving some level of active management in 2023/24 was 47.79 percent (205 sites).

Of managed sites, 35 (17%) received a low level of management, 90 (44%) received a moderate level of management, 62 (30%) received a good level of management, and 18 (9%) sites received an excellent level of management (these include predator free islands). The proportion of managed sites receiving a good or excellent level of management has increased 8 percent in four years since 2019/2020.

Approximately 80 percent of all PBSs (managed and unmanaged) are thought to be fully fenced or otherwise stock proof.

Figure 2 Percentage of Priority Biodiversity Sites, and Priority 1 PBSs, managed by year.

Figure 3 Number of PBSs managed by year and by catchment area. Numbers in the bars indicate the number of managed PBSs in the Western Catchments, the Eastern Catchments, and the Rotorua Lakes Catchments.

Figure 4 Levels of management at managed Priority Biodiversity Sites by year.

2.4 Proportion of Priority 1 PBSs actively managed

PBSs containing the region’s most threatened ecosystem types (such as frost flats and geothermal habitats) are categorised as Priority 1 PBS’s. These are eligible for higher grant rates compared to Priority 2 and 3 PBSs and are the focus of more proactive engagement with landowners.

In 2023/24, 23 (46.8%) of the 47 Priority 1 PBSs were actively managed (with or without involvement of BOPRC). Of these 23, four (17%) received a low level of management, seven (30%) received a moderate level of management, 12 (52%) received a good level of management, and zero (0%) sites received an excellent level of management. The proportion of Priority 1 PBSs receiving a good or excellent level of management was 20% higher in 2023/24 compared to 2019/2020.

Figure 5 Levels of management at Priority 1 Priority Biodiversity Sites by year.

2.5 Wilding pine control in PBSs containing frost flats

Frost flats (categorised as Priority 1 PBSs) are one of the most threatened ecosystem types both nationally and regionally. These unique ecosystems occur in places with extremely low nutrients where frosts occur year-round. Frost flats are found exclusively in the Hawkes Bay, Waikato, and Bay of Plenty regions.

Nationally, frost flats have been classified as Critically Endangered and are recognised as a national priority for protection of biodiversity on private land. Only 8 percent of New Zealand’s frost flats original remain and 77 percent of these are located in Bay of Plenty. Preserving frost flats is critical to maintaining biodiversity.

The most significant threat to frost flat ecosystems is the invasion of wilding pines (Pinus contorta). Between 2003 and 2020, wilding pine invasion resulted in a 16% reduction in frost flat area. Furthermore, frost flats with less than 5% pine cover decreased by 216.9 hectares (5.3%) between 2017 and 2020.

In 2020, Council’s biodiversity programme stepped up its funding to protect the best remaining frost flats. At the same time, a project was launched to eradicate pines from the ‘Rangitāiki Management Unit’ where most frost flats occur, led by our Biosecurity Team.

In 2023/24, a total of $496,500 was allocated for the management of wilding pines in and around frost flats in the upper Rangitāiki. Just over half of this funding came from BOPRC, with the remainder from external sources including DOC and the National Wilding Conifer Control Programme. For the 2024/25 period, nearly $600,000 is set to be invested in and around frost flats with BOPRC again contributing around 50 percent of the total funding.

This investment has enabled significant progress in enhancing privately owned frost flats and reducing seed sources in the landscape, including the removal of numerous shelterbelts and large contorta stands. However, much work remains to remove remaining large stands of high and medium density pines from frost flats on Public Conservation Land as well as several adjacent private blocks.

Figure 6 Area of privately owned good condition frost flat where wilding pine control was undertaken in June/July 2019/20 and 2023/24. Radiata pine plantations can be seen on both sides of the first flat. Photo taken 08 March 2024.

Figure 7 Otangimoana Conservation Area frost flats being invaded by wilding pines. Pinus radiata plantation can be seen in the foreground and of the left side of the frost flats. Photo taken 08 March 2024.

2.6 Browsing animal impacts in PBSs and native forests

BOPRC commissioned Manaaki Whenua Landcare Research to investigate the impacts on Bay of Plenty forests between 2013 and 2022 due to browsing animals such as deer and goats. This study analysed data from DOC’s Tier 1 monitoring network and the Ministry for Environment’s Land Use and Carbon Analysis System, utilizing 43 vegetation plots across an 8x8km grid.

Key Findings from this study include:

- The occupancy and abundance of palatable saplings declined moderately, negatively correlated with ungulate (deer and goats) occupancy, which has increased slightly.

- Unpalatable saplings now significantly outnumber palatable saplings, with the gap widening over the past decade. By 2022, unpalatable saplings were up to seven times more abundant.

In addition to this study, the Department of Conservation has recently elevated the threat status of a Raukūmara Range endemic plant that is under serious threat from deer browsing. Coriaria pottsiana (Hikurangi tutu) is a low growing bushy shrub that has been reclassified from At Risk – Naturally Uncommon to Threatened – Nationally Critical (the highest threat status possible).

DOC’s threat assessment of vascular plants (2023) states that:

“Over the last 30 years or so, the deer population in this range has increased exponentially to the detriment of this and many other indigenous plants and animals. It had previously been assumed that C. pottsiana was secure in its alpine habitat and, being a member of a genus that is renowned for its toxicity to mammals (Connor 1977), was safe from browsing animals. However, this has proved not to be the case, and recent field work by local botanists has reported significant browsing and trampling damage to this species.”

These findings highlight the urgent need for enhanced ungulate control in Bay of Plenty forests, including PBSs.

In the past year, the council’s biosecurity team has expanded the eastern goat control program to mitigate reinvasion and have increased collaborations with DOC Rotorua and Tauranga to increase goat control in PBSs and SNAs. However, targeting deer alongside goats is essential for protecting our native forests.

The Raukūmara Pae Maunga Restoration Project (managed by Te Whānau-a-Apanui and Ngāti Porou in collaboration with DOC) have initiated deer control in parts of the Raukūmara Range since 2021, for Jobs for Nature funding for this project is set to end in June 2026.

It is also noted that DOC intend to extend the remeasurement cycle of the Tier 1 network from five to ten years. This will reduce our capacity to detect changes in forest communities and evaluate ungulate impacts.

3. Opportunities to improve biodiversity management

3.1 NZ BIOFIN Assessment

Otago University Business School (OUBS) has launched the NZ BIOFIN Assessment, utilizing the UNDP's Biodiversity Finance Initiative (BIOFIN) methodology. The assessment aims to analyse current funding, identify gaps, and propose innovative financing solutions. The initiative will involve collaboration among government, iwi, the private sector, and community organizations. The assessment seeks to secure effective investment strategies to safeguard biodiversity for future generations.

BOPRC staff are on the steering and working groups for the BIOFIN project along with representatives from a diverse range of organisations. BOPRC will be one of the first councils to undertake a detailed analysis of our biodiversity funding in accordance with the BIOFIN methodology. It is intended that this analysis will provide a case study that will help other regional and territorials authorities to contribute to the project.

BOPRC’s upcoming analysis of spending will be conducted over the next few months and will offer a comprehensive and repeatable assessment of the total investment the council makes towards our region’s biological diversity.

The nation-wide BIOFIN assessment will be completed in 2026 and will set out an array of options to unlock increased funding for biodiversity.

4. Considerations

4.1 Risks and Mitigations

There are several risks associated with the biodiversity programme at present.

· Meeting our LTP KPI is dependent on other agencies continuing to invest in the sites they currently manage. For example, if DOC operational funding is reduced this could impact our ability to meet our KPI in a given year.

· High inflation is increasing site management costs.

· Reduced returns for the primary sector may influence a landowners ability to enter into an Environmental Programme agreement with Council.

4.2 Climate Change

Climate change is a significant and growing pressure on biodiversity. Restoration and enhancement of ecosystems (including a full range of ecosystems) is important to maintain and enhance the resilience of our biodiversity to the effects of climate change. As well as improving the ability of ecosystems to withstand climate change, restoration work can increase carbon storage (healthy ecosystems store more carbon in their soils and vegetation) and help protect our communities from climate change impacts. For example, protecting and restoring coastal ecosystems helps protect against coastal erosion and storm surges.

4.3 Implications for Māori

Biodiversity is a very important kaupapa for Māori. Tangata whenua have long associations with the Te Taiao and have developed their expression of Mātauranga Māori through the practice of Kaitiakitanga. This fundamental principle is expressed in iwi management plans. Seventy five percent (by area) of privately owned Priority Biodiversity Sites are on Māori land, and of those 35% are protected through Ngā Whenua Rāhui kawenata. Many of our EPs support tangata whenua to restore the mauri of their taonga taiao.

4.4 Community Engagement

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

4.5 Financial Implications

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

5. Next Steps

Council’s Land Management Officers will continue to support and enable landowners and community groups to maintain and restore PBSs in the region. This will help Council meet its Long Term Plan KPI to increase the number of PBSs under management and meet biodiversity obligations under the Resource Management Act and the NPS for Indigenous Biodiversity.



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 2024
Report Writer:	Matthew Harrex, Compliance Manager - Land and Water and May Cheuyglintase, Senior Regulatory Project Officer
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	To inform members on the compliance performance of the municipal wastewater treatment plants in the Bay of Plenty Region

Overview of municipal wastewater compliance in the Bay of Plenty Region

Executive Summary

This report is an annual update to the Monitoring and Operations Committee on municipal wastewater (treatment, conveyance, and discharge) in the Bay of Plenty Region. There are 19 municipal wastewater treatment plants (WWTPs) servicing communities across the Bay of Plenty.

There are a significant number of challenges faced by Territorial Authorities in the operation of their wastewater treatment plants, which can result in failure to comply with their consent conditions. These challenges are experienced across the region, with a number of non-compliances identified throughout the 2023/2024 financial year, ranging from low-risk or technical non-compliance to significant non-compliance.

Generally, levels of compliance have improved this year compared to the previous year which was particularly challenging in terms of climatic influences.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Overview of municipal wastewater compliance in the Bay of Plenty Region.

1. Introduction

The attached report is an update on the current situation with regards to municipal wastewater (treatment, conveyance, and discharge) in the Bay of Plenty Region.

There are currently 19 municipal wastewater treatment plants (WWTPs) servicing the various communities spread across the Bay of Plenty Region. There are a total of 37 resource consents held by the Territorial Authorities (TAs) authorising the discharges from these WWTPs. There are six TAs responsible for the operation of the WWTPs and compliance with the resource consents.

Additionally, there is one WWTP operated by a community organisation (Kāingaroa Village Inc).

1.1 Legislative Framework

Compliance monitoring is 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 (eg. National Environmental Standards), Regional Plan rules and resource consents.

On 14 February 2024 the Government announced the repeal of the previous Government’s three waters legislation. On 2 September 2024 the Local Government (Water Services Preliminary Arrangements) Act 2024 was enacted, marking the start of a 12 Month Period local councils have to develop Water Service Delivery Plans.

Local Water Done Well is the Coalition Government’s plan to address New Zealand’s long-standing water infrastructure challenges.

It recognises the importance of local decision-making and flexibility for communities and councils to determine how their water services will be delivered in the future.

It proposes to do this while ensuring a strong emphasis on meeting economic, environmental and water quality regulatory requirements. Key components of Local Water Done Well:

· Fit-for-purpose service delivery models and financing tools.

· Ensuring water services are financially sustainable.

· Introducing greater central government oversight, economic and quality regulation.

1.2 Alignment with Strategic Framework

A Healthy Environment	Goal 1 The region’s diverse range of physical environments and natural ecosystems are in a healthy state.
How we work	2. We seek integrated solutions and we collaborate

A strong regulatory oversight of wastewater treatment plants and systems allows us to ensure we have a healthy environment as we can pre-empt issues and work with TAs to solve problems relating to non-compliant discharges.

Collaboration and good working relationships with TAs and tangata whenua is important to ensure we take a “no surprises approach”. The Regional Wastewater Management Group allows us to share ideas across the region. TAs more experienced in some areas can provide support to others.

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

Low - Positive

2. 2023/2024 Wastewater Infrastructure Performance

2.1 Compliance Performance

There are a significant number of challenges faced by the TAs in the operation of their WWTPs, which can result in failure to comply with their consent conditions. These challenges are experienced across the region, with various non-compliances identified throughout the 2023/2024 financial year, ranging from low-risk or technical non-compliance to significant non-compliance. These challenges include:

· Aging infrastructure (both WWTPs and wastewater networks),

· Increased rainfall due to severe weather events,

· Increased population during the popular summer months,

· Inflow and Infiltration (I&I) into the pipe networks,

· Unforeseen mechanical and electrical failures,

· Expected permanent population increase, and

· Current plant configuration inability to meet expected or desired treatment capabilities.

No TAs were fully compliant with their resource consents for the 2023/2024 reporting period.

Figure 1: Overall compliance ratings of all municipal wastewater treatment plant consents between 2022/23 (inner circle) and 2023/24 (outer circle).

Overall, the compliance of WWTPs has improved from the previous year with an increase in the proportion of complying grades across all councils increasing from 57% to 72% and decrease in the significant non-compliance incidents dropping from 15 incidents to 3 for the last year (5% to 1%).

The three significant non-compliances were:
A failure of the outfall pipe from the Katikati WWTP causing a leak into the Tauranga Harbour. The leak was alerted through an alarm on the system. WBOPDC staff investigated the cause of the leak and undertook a complex repair of the pipe in the tidal reaches of the harbour.

Failure of the land-based disposal system at the Maketū WWTP resulting in significant ponding in the disposal field. WBOPDC were issued an abatement notice for the breach.

An overflow from a contingency storage pond at the Ōpōtiki WWTP following heavy rain and flooding in the township. Works were undertaken to contain the overflow and direct it within the disposal area while the contingency pond could be lowered.

3. Considerations

3.1 Risks and Mitigations

The compliance function operates in several 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 robust systems and policies in place to manage and mitigate these risks.

3.2 Climate Change

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

3.3 Implications for Māori

Māori have identified discharges of treated and untreated wastewater to water to be of concern, particularly where that discharge is to freshwater. New consents such as the Rotoiti/Rotoma WWTP have included pre-treatment in response to cultural impact assessments developed by the relevant iwi and will use land treatment and disposal methods. Other consents require the formation of Iwi Liaison and Kaitiaki Groups.

Staff understand that the key aspects identified by iwi include:

· The transport of wastewater through and disposal of wastewater in separate rohe

· Active involvement in monitoring both before and after the consent is granted

· Consultation in the proposed WWTP design and disposal method

· Sharing of information

· Up-skilling of young people in environmental management and the RMA

· Introduction of aspects of mātauranga Māori in monitoring and response to issues.

TAs are encouraged to notify tangata whenua of network overflows, and each TA is currently developing their own Iwi notification procedure following consultation.

3.4 Community Engagement

Engagement with the community is not required as the recommended proposal / decision.

3.5 Financial Implications

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

Compliance monitoring of the Municipal WWTP is complex and requires an in-depth understanding of wastewater treatment and disposal science. For the Bay of Plenty Regional Council, it is part of the role of our Senior Regulatory Project Officer in the water compliance team. Compliance Monitoring is cost recovered on an actual and reasonable basis and constitutes approximately 60% of the role of the Senior Regulatory Project Officer role.

4. Next Steps

Council will continue to monitor TAs compliance with their respective consents relating to wastewater operations. With several consents due to expire in the next 10 years we are working with TAs to support early planning for the re-consenting process. As part of the RMA reforms the Government has stated that national standards will be developed for municipal wastewater treatment plants to enable them to be reconsented more easily. At this time there is limited detail on how these standards will be applied or when they will be ready for implementation. We will continue to work with local councils on implementing these and reconsenting.

Attachments

Attachment 1 - 2023-2024 Overview of WWTP Compliance in BOP Region ⇩



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 2024
Report Writer:	Ella Tennent, Consents Manager
Report Authoriser:	Reuben Fraser, General Manager, Regulatory Services
Purpose:	Information

Consents Annual Report for 2023/24

Executive Summary

This report provides a summary of the Resource Consents team activity for the 2023/24 year.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, Consents Annual Report for 2023/24.

1. Introduction

The Resource Management Act 1991 tasks regional councils with various functions. Regional Plans and National Environmental Standards require resource consents for some activities in the Bay of Plenty, and applications for these are processed by the Consents Team. In addition to processing consent applications, the team also provide a duty planner service for pre-application advice, provide input into responses on resource consent applications to District Councils, assess and comment on Fast-track applications (processed by the Environmental Protection Authority), provide evidence for consent appeals, and provide input into regional plan and legislative changes.

1.1 Alignment with Strategic Framework

A Healthy Environment	Goal 1 The region’s diverse range of physical environments and natural ecosystems are in a healthy state.
Future ready communities
Connected and enabled communities
Sustainable development	Goal 12 We support development and growth that takes into account the four wellbeings of people and communities, the need to maintain and enhance the quality of the environment, and the reasonably foreseeable needs of future generations.
The Pursuit of Excellence	Goal 17 Ensuring an equitable approach to the four wellbeings and delivery of community outcomes.
How we work	4. We provide great customer service

Consenting has outcomes for a healthy environment and for sustainable development and the service of processing consent applications aligns with the pursuit of excellence and how we work.

1.1.1 Community Well-beings Assessment

Dominant Well-Beings Affected

þ Environmental

Medium - Positive

þ Cultural

Medium - Positive

þ Social

Medium - Positive

þ Economic

Medium - Positive

Processing consent applications well contributes to environmental, cultural, social and economic wellbeing in the region.

2. Consent Application Processing

2.1 Key Performance Indicators

2.1.1 Key Performance Indicators

All three team Key Performance Indicators (KPIs) were met for the 2023/24 financial year:

· 97% of non-notified consents were processed within the statutory timeframe – the target is 95%. Figure 1 below shows the trend over time for compliance with the statutory timeframes.

Figure 1: Percentage of non-notified resource consents processed within statutory timeframes.

· None of Toi Moana’s consent decisions was overturned during the 2023/24 year.

· Of the 127 customers who completed out our online satisfaction survey, 113 (89%) advised that they were satisfied or very satisfied – the target is 84%. A breakdown of satisfaction results in shown in Figure 2.

Figure 2: Customer Satisfaction results for 2023/24.

Customers responding to the satisfaction survey are asked for feedback, and comments on opportunities for service improvements. One customer suggested that Toi Moana’s GIS wetland layers be made available on our public website, and this is currently being implemented. Many compliments and criticisms are centred around communication, and we continue to make customer communication a focus area. Some positive feedback included:

· Turn around on consent and review documents including s92 responses was very quick.

· Thank you for being understanding, pragmatic and open to suggestions especially around consent conditions.

· Thank you for your help and guidance.

· It was very good and helpful, so thank you for that :)

· Yvette was easy to contact and very responsive to queries.

· Commend all the staff I have contact with, they made the process easier and were excellent guides.

· Jacob Steens very competent, fast and efficient as process planner. Very impressed with his work.

· Council officers did a great job - thank you.

· Sian deserves a pay rise :)

· Perfect service

· Katherine Kaue was very helpful and communicative throughout the process.

· Overall a very smooth process with clear understanding of what has to be done.

2.2 Service Plan Measures

As well as the external KPIs set as part of the Long-Term Plan, the Consents Team has internal KPIs set as part of the service planning process:

· 98% of consent applications were assessed for section 88 (accepted or rejected for processing) within ten working days – the target is 95%.

· The percentage of non-notified consents issued within 40 working days (ignoring any statutory timeframe holds for further information) was 53% - the target is 50%.

· Technical reviews failed to meet the target of 50% being delivered within the timeframe, with only 43% achieved. Changes to our processes have been agreed with consultant engineers who undertake technical reviews of consent applications and the instruction memo template has been updated to assist with keeping engineers within the scope of the consent considerations.

· Templates for reports and conditions are reviewed when required, with several updates occurring every year.

2.3 Workload Highlights

Approximately 600 consent applications were lodged during 2023/24 (similar to 2022/23) and 886 consents granted, 295 of which were the notified Lake Rotoiti structure consents. Breakdowns of consents granted by district (Figure 3) and by activity (Figure 4) are shown overleaf.

Figure 3: Breakdown of consents granted by district.

Figure 4: Breakdown of consents granted by activity.

Keeping abreast of central government’s extensive suite of legislative changes affecting consents has added to the Consents leadership team workload. Consents Principal Advisors have also been providing input into the preparation of the future Freshwater Plan Change.

Hearings undertaken during 2023/24 included:

· Allied Asphalt direct referral to Environment Court - the application was publicly notified then referred to the Environment Court due to the high likelihood of an appeal. This bypassed the council hearing process. The Environment Court decided both the regional and city council consents for the project. In the decision, the Court is complimentary of the Councils’ case (the officers’ report, the Councils’ experts, and legal submissions). It is also complimentary of the Regional Council’s wider approach in requiring Allied to reconsider its original proposal and submit a proposed which represents the best practicable option in a polluted airshed.

· Ballance discharge to the harbour was limited notified and a hearing was required for iwi and hapū submitters. At the hearing, Ngāi te Rangi advised of their desire to consider the discharge to the harbour and the air discharge at the same time and all parties agreed to conditions for the harbour discharge and a consent duration expiring on the same date as the air discharge.

· Torere River works for improved access to forestry was limited notified to iwi and the relevant Māori reserves trust due to the proposal including works at and adjacent to an urupa. Supporting and opposing submissions were received from the reserves trust and consent was granted after a hearing. The decision has been appealed by the opposing submitter and progress on the appeal has been delayed due to challenges to the appellant’s status and reserve trustee elections.

· Higgins Asphalt plant was publicly notified due to air quality effects and the site’s location within the Mt Airshed. A hearing was required due to opposing submitters’ request to be heard. The proposal was amended at the hearing to include an increase to the stack height and consent was granted for a short duration with the expectation that a more comprehensive upgrade will be applied for.

· Genera fumigation consent processing was delayed whilst the Environmental Protection Authority considered and decided on the controls regarding the use and recapture of Methyl Bromide under the Hazardous Substances and New Organisms Act 1996, the outcome of which instigated changes to the Genera application. There were 342 submissions received on the consent application and consent was granted in October 2023 after a hearing. The decision has been appealed.

· Lake Rotoiti pre-settlement replacement structure consents are being processed in bulk on a per lake basis. The Lake Rotoiti replacement consent applications which were notified to iwi and hapū were decided in September 2023 after a hearing. Te Arawa Lakes Trust submitted and requested to be heard, necessitating a hearing primarily focussed on the duration of consents after pre-hearing meetings and various work on draft conditions had narrowed the focus. 295 consents were issued following the hearing with a consent duration of 30 years.

Appeals progressed during the year include:

· Genera – proceeding to a hearing in November 2024.

· Opotiki Marina - recently resolved out of Court.

· Whanarua Bay Water Supply – resolved out of Court with in-house legal counsel.

· Creswell Water Bottling – a Supreme Court hearing was held in November 2023. The resource consent application to expand the existing water bottling plant in Ōtakiri, Whakatāne was lodged in 2017 and was notified with the application to the district council. Opposition from locals was extensive and consent was granted in 2018 following a hearing. The consents were then appealed by Te Runanga o Ngāti Awa and Sustainable Ōtakiri (a group of residents) to the Environment Court then the High Court, the Court of Appeal and most recently the Supreme Court. We are still awaiting the outcome of the Supreme Court process whilst all other courts had upheld our decision.

Planning for the 2026 replacement consents has commenced and consent holders with pre-RMA water take consents that hadn’t been used in the last five years were contacted about surrendering their consents. Some surrenders have been received and work is ongoing in preparation for the 2026 consents.

The team have continued work on process improvements, adding new templates and updating templates to create efficiencies. There has been continued focus on recovering time spent on consent application processing which has been aided by a new tool.

Harry Carlson (Consents Planner, Rotorua) was seconded to Ngāti Manawa for three days/week from November 2023 till July 2024.

2.4 Financial Performance

Revenue from fees and charges increased during the 2023/24 year, with approximately $3.5m generated, compared to $2.55m in 2022/23. Expenses were also higher than the previous year, with some expenses non-recoverable due to Fast-track consent applications and appeals. The majority of science technical reviews were outsourced due Toi Moana’s science team being busy with the freshwater plan change preparation work. The consents team have continued to process more consent applications in-house with external planning consultants being used sparingly. Having in-house RMA legal counsel has continued to add value and reduce legal costs.

3. Considerations

3.1 Risks and Mitigations

Resource consent application processing can present risks to the environment and there is the risk of successful judicial review and/or appeal. Staff training, protocols, having knowledgeable Principal Advisors and in-house RMA lawyers minimises these risks.

3.2 Climate Change

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

Climate change is taken into account where relevant when processing consent applications.

3.3 Implications for Māori

Consent applicants are directed to consult with tangata whenua where relevant. Iwi and hapū management plans are taken into account during consent application processing and obligations to Customary Marine Title applicants, Statutory Acknowledgement Groups are upheld.

3.4 Community Engagement

Engagement with the community is not required for this report.

Some consents are notified in accordance with Resource Management Act, but not for the purpose of community engagement.

3.5 Financial Implications

Consent processing is cost recoverable from the applicants. Some expenses cannot be recovered, such as costs associated with appeals, judicial reviews and Fast-track applications.

4. Next Steps

The Consents Team will continue to process consent applications in accordance with the Council’s obligations under the Resource Management Act 1991. Recovering costs and communication will continue to be areas of focus for the Consents Team.



Report To:	Monitoring and Operations Committee
Meeting Date:	12 November 2024
Report Writer:	Jill Walters, Organisational Development Manager and Steven Slack, Risk and Assurance Manager
Report Authoriser:	Karen Aspey, General Manager, People and Leadership
Purpose:	To provide a quarterly update on People & Capability and Health & Safety

People & Capability and Health & Safety Quarterly report

Executive Summary

This report provides an update on People & Capability and Health & Safety performance reporting for the quarter. Notable highlights include:

o Employee survey results improved from previous staff survey and are significantly above Local Government average.

Recommendations

That the Monitoring and Operations Committee:

1 Receives the report, People & Capability and Health & Safety Quarterly report.

1. Introduction

At Bay of Plenty Regional Council, we believe that to achieve great outcomes for our community we must attract, develop and retain the best people by creating and environment to enable our people to thrive together and ensuring that everyone goes home safe at the end of each day.

1.1 Alignment with Strategic Framework

How we work

3. What we do, we do well

2. People and Capability

2.1 Culture and Engagement

This section outlines the current state of culture and engagement among Council staff, emphasising the critical role of our People Strategy in maintaining and improving our positive workplace culture.

To measure effectiveness, every two years we run all-staff surveys across multiple key topics of engagement. We create action plans for improvement, at an organisational and team level, then measure the effectiveness of these improvements with regular, smaller ‘pulse’ surveys.

Our primary measure of culture and engagement is question “Our organisation is a great place to work”. We are proud of the high 85% average on this question. As shown below, we have improved year on year since 2021 and are currently 12% above Local Government benchmark for this question (with statistical significance).

Note: The survey tool we use, AskYourTeam, measures via percentage average (not percentage agreement) i.e. 395/401 (98.5%) staff either ‘somewhat agreed’, ‘agreed’, or ‘strongly agreed’, with this statement in our 2024 pulse survey.

2.1.1 August 2024 ‘Pulse’ All-Staff Survey – Benchmark and trending

In August 2024 we surveyed all staff on five Local Government benchmark questions. We have implemented multiple culture, development, and performance initiatives to drive a change on these specific topics. This ‘pulse’ survey was used to demonstrate that we’re working on the right things to shift the dial.

As shown below, we achieved an overall survey score of 80% and 79.4% participation rate. We were 8% above Local Government (LG) benchmark for our overall score, 11.4% above LG benchmark for our participation rate. We have improved between 2%-6% on all five question scores since our 2021 survey. These results demonstrate the positive impact of our People Strategy implementation.

Note: BOPRC continually maintains high participation rates above 70%. This demonstrates higher representation and reliability of results. This is also a measure of how engaged employees are with the survey and feedback process.

2.2 Staff Metrics

2.2.1 Staff Numbers

The number of permanent staff has remained largely consistent. A number of vacancies have been disestablished over this period enabling resources to be focused on priority work as directed via Council and to manage employee costs.

2.2.2 Staff Turnover

Staff turnover continues to track at 8.84% which is a level of healthy turnover reflecting a stable and engaged workforce.

2.2.3 Staff Location

3. Health and Safety

3.1 Lead Indicators

Lead indicators are focused on future safety performance and continuous improvement and are used to measure activities to control risks and prevent incidents.

3.1.1 Training

With the nature of the risks that our teams are exposed to, in environments that are dynamic, training is core to ensuring our staff are kept safe.

Bay of Plenty Regional Council provides a wide range of formal training for staff related to the risks that they face along with ongoing informal training.

3.1.2 Other lead indicators

Five risks were reported – three relating to dangerous people or properties. Alerts were placed on the People and Property Safety Alert System register.

Drug tests are required for safety sensitive roles as part of pre-employment checks.

Occupational health visits for part of our ongoing monitoring program for health risks.

3.2 Lag Indicators

Lag indicators measure past events, such as number of near misses, incidents and injuries.

While measuring these are important, they do not reflect how well risks are managed to prevent incidents.

3.2.1 Near Misses

The following near misses were reported:

These primarily relate primarily related to driving and vehicle near misses in the first quarter along with equipment failures.

Worksafe was advised of one near miss, where whilst drilling a monitoring bore, an unexpected high temperature was reached, resulting in the work stopping and a plan developed with Worksafe before further work taking place. Whilst this was not a notifiable event, BOPRC works closely with Worksafe in geothermal activities.

3.2.2 Incidents

There were eight incidents recorded in the quarter, primarily related to driving and vehicle incidents.

There was also an incident where when clearing out a drain, a sewer pipe was pulled out and broken, causing waste to be released. This was rapidly contained, and pipe replaced.

3.2.3 Injuries

The following are employee injuries:

Injuries during the quarter were a mixture of cuts, abrasions, strains and sprains, with four requiring first aid or medical treatment.

Two injuries were also reported for contractors, resulting in cuts and sprains.

4. Considerations

4.1 Climate Change

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

4.2 Financial Implications

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

5. Next Steps

Staff will continue to report to Monitoring and Operations Committee on People & Capability and Health & Safety information.

[1] Does not include expenditure on Care Groups or Coast Care and Estuary Care programmes.

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