Tarawera Awa Restoration Strategy Group Rārangi Take (Agenda)

NOTICE IS GIVEN that the next meeting of the Tarawera Awa Restoration Strategy Group will be held in Mataatua Room, Bay of Plenty Regional Council, 5 Quay Street, Whakatāne on:

Friday 1 November 2024 COMMENCING AT 09:30AM

 

Fiona McTavish

Chief Executive

23 October 2024

 

 


 

Tarawera Awa Restoration Strategy Group

Membership

Chairperson

Leith Comer (Te Mana o Ngāti Rangitihi)

Deputy Chairperson

Pouroto Ngaropo (Te Rūnanga o Ngāti Awa)

Tangata Whenua Members

 

One appointed representative each:

 

Te Mana o Ngāti Rangitihi

Tīpene Marr (Alternate)

Ngāti Mākino Iwi Authority

Awhi Awhimate

Laurance Tamati (Alternate)

·         Te Rūnanga o Ngāti Awa

Manu Glen (Alternate)

Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust

Jim Schuster

Council Members

 

One appointed member each:

 

Bay of Plenty Regional Council

Chairman Doug Leeder

Cr Malcolm Campbell (Alternate)

Kawerau District Council

Mayor Faylene Tunui

Deputy Mayor Aaron Rangihika (Alternate)

Rotorua Lakes Council

Cr Gregg Brown

Phill Thomass – Lakes Community Board (Alternate)

Whakatāne District Council

Mayor Victor Luca

Deputy Mayor Lesley Immink (Alternate)

Quorum

Five members comprising:

The Chairperson or Deputy Chairperson; and two Iwi members and two Council members.

Meeting frequency

Quarterly

Purpose

To support, co-ordinate and promote the integrated restoration of the mauri of the Tarawera Awa catchment.

Scope

The Strategy Group’s scope covers the geographical area of the Tarawera River catchment, including its tributaries within the catchment area, as shown further below on map OMCR-102-032.

The Strategy Group is deemed to be a co-governance joint committee of the Bay of Plenty Regional Council; and is a permanent committee and must not be discharged unless all appointing organisations agree to the discharge.

Role

The functions of the Strategy Group are to —

(a)      develop a restoration strategy for the catchment, to be known as the Tarawera Awa Restoration Strategy Document; and

(b)      monitor the implementation and effectiveness of the Strategy Document; and

(c)      run and oversee restoration projects as required under the Strategy Document; and

(d)      seek funding for the restoration projects as required by the Strategy Document; and

(e)      communicate with stakeholders and the wider community to explain how decisions made or activities affecting the catchment align, or could be aligned, with the common vision, objectives, and desired outcomes for the catchment; and

(f)       establish 1 or more technical advisory groups as required, as outlined in section 134[1]; and

(g)      seek the advice of a technical advisory group or the relevant local government in support of restoration activities; and

(h)      link stakeholders together so that activities that take place in the catchment, or that affect the mauri of the catchment, are compatible as far as possible with the common vision, objectives, and desired outcomes for the catchment; and

(i)        provide a framework to assist central government agencies and local government so that they may have regard to the common vision, objectives, and desired outcomes for the catchment; and

(j)        undertake any other function required to achieve the purpose of the Strategy Group.

Decision Making

The Strategy Group must make its decisions by vote at a meeting and strive to achieve consensus; and approach decision making in a manner that is consistent with, and reflects its purpose; and acknowledges, as appropriate, the interests of iwi in particular parts of the catchment.

The Chairperson and Deputy Chairperson may vote on any matter, but do not have a casting vote.

Power to Act

Except as provided for in the purpose above, the Strategy Group has discretion to determine in any particular circumstances whether to perform any function specified and how, and to what extent, any function specified is performed.

Power to Recommend

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

Strategy Group members report directly to their respective appointing organisations.


Tarawera Awa Restoration Strategy Group                                                          1 November 2024

Recommendations in reports are not to be construed as policy until adopted.

Rārangi Take
Agenda

1.       Karakia Whakatuwhera
Opening Prayer

2.       Ngā Hōnea
Apologies

3.       Wāhanga Tūmatanui
Public Forum

4.       Ngā Take Tōmuri
Items not on the Agenda

5.       Raupapa o Ngā Take
Order of Business

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

7.       Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

7.1      Tarawera Awa Restoration Strategy Group Minutes - 9 August 2024 7

8.       Ngā Pūrongo
Reports

8.1      Legislated Responsibilities of the Tarawera Awa Restoration Strategy Group                                                                                                       16

The paper was developed by the TARSG Iwi Collective to fulfil legal obligations under the Ngāti Rangitihi Treaty Settlement and is aimed at implementing the necessary activities to restore the mauri of Tarawera Awa and Te Awa o Te Atua.

8.2      TARSG Iwi Collective Progress Report                                                25

The paper outlines the grading of water quality, water allocation and the restoration of mauri to Tarawera Awa and Te Awa o te Atua since the Freshwater Management Planning workshop held September 2024.

9.       Whakahoutanga Kōrero
Verbal Updates

9.1      Tarawera Awa Restoration Strategy Group (TARSG) Iwi Collective Proposition

Presented by: Leith Comer, TARSG Chairperson

Attachment 1 - TARSG Iwi Collective Proposition                                                         26

9.2      Kānoa Funding Proposal Outline

Presented by: Dr Emily Afoa, Technical Planning Engineer (Tektus Consultants Ltd)

8.       Ngā Pūrongo
Reports (Continued)

8.3      Project Team Update                                                                             27

8.4      Amendment to Standing Orders: Virtual Attendance at Meetings   29

Attachment 1 - Proposed Amendments to Standing Orders (Adopted 28 February 2023)                                                                                                                                     25

Attachment 2 - Extract: Local Government Electoral Legislation Act 2023 (Version as at 31 July 2024) - Part 2 Amendment to LGA 2002                                                       35

10.     Ngā Whakamārama a Ngā Rōpū

          Update from Partners

10.1    Ngāti Mākino

10.2    Ngāti Rangitihi

10.3    Ngāti Awa

10.4    Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust

10.5    Rotorua Lakes Council

10.6    Kawerau District Council

10.7    Whakatāne District Council

10.8    Bay of Plenty Regional Council Toi Moana 

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

12.     Karakia Kati
Closing Prayer


Tarawera Awa Restoration Strategy Group Minutes

9 August 2024

 

Tarawera Awa Restoration Strategy Group

Ngā Meneti

Open Minutes

Commencing:             Friday 9 August 2024, 09:30 AM

Venue:                         Rangitihi Marae, 14 Marae Lane, Matatā

Heamana

Chairperson:               Chair Leith Comer - Te Mana o Ngāti Rangitihi Trust (TMoNRT)

Heamana Tuarua

Deputy Chairperson:  Dr Pouroto Ngaropo - Te Rūnanga o Ngāti Awa (TRoNA)

Ngā Kopounga

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

                                    Cr Malcolm Campbell (Alternate)

                                                      Kawerau District Council (KDC):

                                                      Mayor Faylene Tunui

                                                      Ngāti Mākino Iwi Authority (NMIA):

                                                      Awhi Awhimate

                                                      Ngāti Tūwharetoa (BOP) Settlement Trust:

                                                      Jim Schuster

TMoNRT:

Tiipene Marr (Alternate)

TRoNA:

Manu Glen (Alternate)

Whakatāne District Council (WDC):

Mayor Victor Luca, Deputy Mayor Lesley Immink (Alternate)

Te Hunga i Tae Ake

In Attendance:            BOPRC: Chris Ingle – General Manager Integrated Catchments, Kerry Brown - Kaitohutohu Taiao Matua (Senior Advisor), Gemma Moleta – Senior Planner (Water Policy), Gina Mohi – Pūtaiao Mātauranga, Margaret Courtney – Senior Advisor, Shari Kameta – Committee Advisor

                                                      TMoNRT: Miria Nicholls - Kaiawhina Hapori | Taiao Admin Support – Environmental & Social, Simon Costar and Destiny Wharewera-Mason – Cultural Monitors
Staff/Presenters: as listed in the minutes

Ngā Hōnea

Apologies:                  Cr Gregg Brown and Lakes Community Board Chair Phill Thomass (Alternate) - Rotorua Lakes Council; Chairman Doug Leeder – BOPRC; Laurance Tamati (Alternate) – NMIA; Deputy Mayor Aaron Rangihika (Alternate), Morgan Godfery (Chief Executive), Kaumatua Te Haukakawa Te Rire (Cultural Advisor) – KDC

 

1.     Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dr Pouroto Ngaropo.

2.     Ngā Hōnea
Apologies

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Accepts the apologies from Cr Gregg Brown, Chairman Doug Leeder, Deputy Mayor Aaron Rangihika, Laurance Tamati, Lakes Community Board Chair Phill Thomass, Morgan Godfery and Te Haukakawa Te Rire tendered at the meeting.

Campbell/Luca

CARRIED

3.     Raupapa o Ngā Take
Order of Business

The Chair advised that Item 9.1, Chairperson’s Report would be considered before Presentation Item 8.1, Joint Advisory Committee (JAC) for Matatā Scenic Reserve, Whakapaukorero and Te Awa o te Atua.

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

None declared.

5.     Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

5.1

Tarawera Awa Restoration Strategy Group Minutes - 18 June 2024

Matters Arising

In relation to Minute Item 8.2 (Plan Change 11 Geothermal Pre-Draft Engagement) - sought assurance that staff were engaging directly with the relevant stakeholders in regard to the Kawerau geothermal resource, including on best practice methods.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Confirms the Tarawera Awa Restoration Strategy Group Minutes - 18 June 2024 as a true and correct record.

Awhimate/Ngaropo

CARRIED

6.     Ngā Pūrongo
Reports

6.1

Chairperson's Report

Presented by:  Chair Leith Comer

 

Motion

Moved:   Comer                                       Seconded:  Ngaropo

Formally invites the Department of Conservation (DOC) to be a partner representative on the Tarawera Awa Restoration Strategy Group and Project Team.

Key Points - Chair:

·    Welcomed Ms Merenia Sawrey, Kaitohu Matua Treaty Partner Relationships from the Department of Conservation (DOC)

·    Considered it appropriate that DOC be invited to fully participate on the Strategy Group, both at the governance and project team level, given its mandate to consult and have regard to conservation matters relating to
Te Awa o te Atua

·    Ms Sawrey would be a suitable candidate as a senior DOC representative and member of the Joint Advisory Committee (JAC)

·    Expected that DOC would be required to participate in future consent processes to support the Strategy Group’s aspiration to reconnect the course of the Tarawera Awa back through to Te Awa o te Atua.

·    The Chair was available to meet with DOC management to support the request.

Key Points - Members:

·    Supported the motion

·    Referred to clauses (g) to (i) within the Strategy Group’s terms of reference that supported the motion.

 

The motion was PUT and CARRIED.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Formally invites the Department of Conservation (DOC) to be a partner representative on the Tarawera Awa Restoration Strategy Group and Project Team. 

Comer/Ngaropo

CARRIED

 

Key Points - Chair (Continued):

·    Minister Shane Jones had provided the following feedback from the meeting held on 6 August 2024:

o Supported in-principle the aspiration to restore the mauri of Te Awa o te Atua and to enable economic opportunities for Matatā and the eastern Bay of Plenty

o Emphasised the need of a viability study to support consent requirements. The Chair noted that the Project team would undertake the necessary investigations to determine what was possible

o The Matatā wastewater scheme proposal did not fit the Regional Infrastructure funding criteria and should be referred to Local Government Minister Simeon Brown.

Key Points - Members:

·    Pleased with the direction of focus to restore the mauri of Te Awa o te Atua

·    Acknowledged the Chair’s relationships and influence at the national level, and the Chair and Project team’s attending the Whakatāne District Council’s Long Term Plan hearing to support the Matatā wastewater submission.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Receives the Chairperson's Report.

Ngaropo/Tunui

CARRIED

7.   Whakaaturanga
      Presentations

7.1

Joint Advisory Committee (JAC) for Matatā Scenic Reserve, Whakapaukorero and Te Awa o te Atua

Presentation - Te Tatau Pounamu o Te Awa o Te Atua Joint Advisory Committee: Objective ID A4739942   

Presented by: Merenia Sawrey - Kaitohu Matua Treaty Partner Relationships, Department of Conservation

 

Key Points:

·    Provided background on ‘Te Tatau Pounamu o Te Awa o Te Atua’ Joint Advisory Committee (JAC) which had been established under the Ngāti Awa Claims Settlement Act 2005 to advise the Minister of Conservation and the Director-General on conservation matters affecting the specified sites which included Te Awa o te Atua (Matatā lagoon)

·    Ms Sawrey’s role of servicing the JAC commenced six months ago

·    Acknowledged past and current JAC members, and those who were members of both the JAC and Strategy Group 

·    Outlined the five sites that the JAC was responsible for providing advice to DOC and the respective post-settlement governance entities

·    After a two-year hiatus, the JAC re-established in mid-2023 with an initial focus to re-orientate within a new landscape of conservation stakeholders, challenges and opportunities

·    Current focus of the JAC was to develop a five-year strategic aspirations document to set management priorities for each reserve. Key focus areas were to: gather input from stakeholders, enable nohoanga (site) access for reconnection and better care of taiao, advocacy and developing its strategic aspirations

·    Highlighted DOC’s position to:

Refine its mahi by providing quality over quantity with the limited resources that it had;

Focus on visitor and heritage experiences to enable engagement in the taiao

·    DOC recognised the current (declined) state of Te Awa o te Atua lagoon. While DOC had limited capacity to contribute to restoring the mauri of the lagoon, they agreed and supported the sentiment and direction needed to reinstate biodiversity and reconnect people with place.

Key Points - Members:

·    Acknowledged the presentation, mahi and past JAC members, alongside the coming together of iwi as a collective and the different roles of the JAC and Strategy Group

·    Acknowledged the JAC as a key stakeholder of the Strategy Group and building a connection with DOC to obtain access to the respective sites

·    Queried how the Strategy Group would interface with DOC on consenting matters, which Ms Sawrey noted for follow-up.

8.     Ngā Pūrongo
Reports (Continued)

8.1

Project Team Update

Presentation - Iwi and Stakeholder Engagement - TARSG Draft Strategic Objectives: Objective ID A4743799   

Presented by: Dr Frances Teinakore-Curtis, Project Manager, Jane Waldon, Co-Governance Secretariat/Iwi-Stakeholder Engagement, Dr Emily Afoa, Technical Planning Engineer and Keri Topperwien – Plan Writer

Key Points:

·    Sought advice on the question raised under section 3.4 of the Chairperson’s report regarding responsibility of water quality monitoring, noting that the Project team wished to define this in respective Kōtuku Agreements that were to be formed with various stakeholders

·    Iwi and stakeholder engagement (refer PowerPoint Presentation):

o An iterative engagement process would be used to enable stakeholders meaningful input into the development of the Strategy document

o Outlined the schedule of engagements that were currently in progress

o Where possible, the Project team would look to attend stakeholder and community group hui to create efficiencies/reduce engagement fatigue

o Reference material would be provided to stakeholders ahead of time to inform discussions

·    Technical planning:

o Still progressing in the data discovery phase, involving data compilation from a lot of different people and organisations

o Parallel strand of work to prepare a work plan for developing a business case in relation to Aspiration 1 to reconnect water flow into Te Awa o te Atua and out to Mihimarino

o A hui would be requested with the Iwi Collective to better understand and demonstrate individual identity within the information/catchment

·    Strategic Objectives development:

o Currently in a holding pattern, but was observing and providing support while stakeholder engagement and other workstreams were getting underway

·    Cultural monitoring:

o Introduced cultural monitors Simon Costar (Ngāti Rangitihi) and Destiny Wharewera-Mason (Ngāti Rangitihi, Ngāti Awa) who were part of Ngati Rangitihi’s taiao management team and would be supporting the project

o Noted also some good cultural monitoring work being undertaken by Ngāti Awa and Ngāti Tuwharetoa ki Kawerau within their own spaces that would be critical to some of the technical planning and Mātauranga Māori monitoring at specific sites in the future.

In Response to Questions:

·    The next newsletter issue would be prepared during the following month for future release.

Key Points - Members:

·    Provided the following feedback on iwi/stakeholder engagement:

o Sought consideration to engage other geothermal users within the Kawerau geothermal field and/or catchment, along with Fonterra Edgecumbe and the Joint Advisory Committee if appropriate

o Kawerau District Council were currently engaging with community on a number of challenging issues, therefore recommended the Project team engage separately with community/stakeholders rather than linking in with council-held hui/events

o Suggested seeking engagement by activity, i.e. geothermal, forestry, farmers

o Kawerau district now only had two marae within its district (Rautahi and Tohia o te Rangi Marae) as a result of a boundary change

o It was important to engage with as many affected community members/ stakeholders, including marae/hapū and those at the grassroots level.

Key Points - Staff:

·    Acknowledged members feedback and signalled a request to work with members further on stakeholder engagement

·    Queried whether the Rangitāiki River Forum should be included as part of stakeholder engagement.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Project Team Update.

Awhimate/Tunui

CARRIED

 

 

8.2

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

Presented by: Chris Ingle, General Manager Integrated Catchments

Key Points:

·    Highlighted Regional Council’s adoption of the new community outcome Te Ara Poutama and a number of recommendations to support it, including approved the establishment of a Regional Co-Governance Secretariat Fund (RCSF), which the Strategy Group and Rangitāiki River Forum had supported in their submissions to the LTP

·    The funding policy to support the RCSF would be reported to Komiti Māori in October 2024 for final approval.

 

Resolved

That the Tarawera Awa Restoration Strategy Group:

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

Ngaropo/Campbell

CARRIED

9.     Whakaaturanga
Presentations

9.1

Freshwater Biosecurity Update on work in Tarawera Awa and Te Awa o Te Atua Lagoon

Presentation - Biosecurity Freshwater Update: Objective ID A4744919 

Tabled Document 1 - Biosecurity Freshwater Update Memorandum (24 July 2024): Objective ID A4736903   

Presented by: Shane Grayling, Team Leader, Biosecurity and Te Wakaunua Te Kurapa, Biosecurity Officer

 

Key Points:

·    Provided an overview of three pest species (Alligator weed, Rudd fish and Sagittaria) that were present in the lower reaches of the Tarawera and Rangitaiki Awa and current control methods/programme being used:

o Alligator weed – NIWA had recommended new control methods that were environmentally safe

o Rudd fish – Council staff were working with the Department of Conservation and Ngāti Rangitihi cultural monitors on a control plan that would involve netting

o Sagittaria – there was a large presence in Te Awa o te Atua lagoon but could be effectively controlled

·    A detailed description of the pests and associated controls was circulated to members for information (refer Tabled Document).

In Response to Questions:

·    Pest plant species generally dominated over native vegetation and had a detrimental impact on the eco-system, i.e. reduced habitat and flooding

·    Very low levels of glyphosate and metsulfuron were used in controls.

Key Points - Members:

·    Sought consideration of a more strategic and integrated monitoring programme approach for the catchment (from source to sea) to improve resource efficiencies and potential issues from occurring downstream.

 

Items for Staff Follow Up:

·    Members requested information on: native species that had been present before the pest species; and further information regarding control methods and associated nitrogen and phosphate outputs.

 

Resolved

1        Receives the presentation, Freshwater Biosecurity Update on work in Tarawera Awa and Te Awa o te Atua lagoon.

Tunui/Campbell

CARRIED

10.   Ngā Whakamārama a Ngā Rōpū

        Update from Partners

10.1  Ngāti Tūwharetoa (Bay of Plenty) Settlement Trust (NTST)

·    The Project team had held an engagement hui with NTST with feedback provided in relation to geothermal discharges into the Tarawera Awa, which the Project team had noted for further consideration

·    Ngāti Tūwharetoa would seek to present their geothermal data to the next TARSG Iwi Collective hui on 9 September 2024.

10.2  Kawerau District Council (KDC)

·    KDC had a number of issues it was currently dealing with

·    Supported the mahi that was taking place in the Strategy Group space

·    Kawerau had hosted the Rangitāiki Kapa Haka festival 6-7 August, which had been a joyous occasion.

10.3  Whakatāne District Council (WDC)

·    WDC had adopted its Long Term Plan on Monday 5 August 2024

·    Following the Chief Executive’s resignation in May 2024, WDC were close to finalising a replacement

·    Central Government’s Local Water Done Well proposal would be a key focus of work, and would be discussed at the Mayoral Forum meeting on 16 August 2024.

10.4  Bay of Plenty Regional Council Toi Moana

·    Supported the mahi and objectives of the Strategy Group, however noted the limited resources available across the current landscape.

11.   Karakia Kati
Closing Karakia

A karakia was provided by Dr Pouroto Ngaropo.

11:58 am – the meeting closed.

 

Confirmed                                                                                                                                          

                                                                                                                                 Chair Leith Comer

Chairperson

Tarawera Awa Restoration Strategy Group


Tarawera Awa Restoration Strategy Group Minutes

9 August 2024

 

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9 August 2024

 

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9 August 2024

 

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9 August 2024

 

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Tarawera Awa Restoration Strategy Group Minutes

9 August 2024

 

                                                                                                                                                                                                                                                                                                                                                  

 

 

 

Report To:

Tarawera Awa Restoration Strategy Group

Meeting Date:

1 November 2024

Report Writer:

Shari Kameta, Committee Advisor

Report Authoriser:

Karen Aspey, General Manager, People and Leadership

Purpose:

To consider making amendments to the Strategy Group’s Standing Order provisions regarding virtual attendance at meetings.

 

 

Amendment to Standing Orders: Virtual Attendance at Meetings

 

Executive Summary

This report asks the Tarawera Awa Restoration Strategy Group (Strategy Group) to consider amending its Standing Orders to allow the remote participation of members (via audio or audiovisual link) to continue to count towards the quorum at Strategy Group meetings, following the expiration of the Severe Weather and Emergency Recovery Legislation Act 2023 provisions on 30 September 2024.

Under Part 2, Section 127 of the Ngāti Rangitihi Claims Settlement Act 2022 (NRCSA), the Strategy Group must adopt a set of Standing Orders for the conduct of its meetings. Under Standing Order 3.2, adoption of a new or amended set of Standing Orders can only be resolved by majority vote of the members present.

 

Recommendations

That the Tarawera Awa Restoration Strategy Group:

1        Receives the report, Amendment to Standing Orders: Virtual Attendance at Meetings;

2        Approves the following amendments to the Tarawera Awa Restoration Strategy Group’s Standing Orders (refer Attachment 1):

a)   Amend the following Definition to read: “Present at the meeting to constitute quorum means the member is to be present (in person or via audio/audiovisual link)”;

b)  Amend Standing Order 13.8 (Member’s status: quorum) to read “Members who attend meetings by electronic link will be counted as present for the purposes of a quorum.”;

c)   Amend Standing Order 13.9 (Member’s status: voting) to read “Where a meeting has a quorum, determined by the number present (in person or via audio/audiovisual link), the members attending by electronic link can vote on any matters raised at the meeting.”;

d)  Amend Standing Order 13.11 (Conditions for attending by audio or audio-visual link) to read: “Noting standing order 13.7, members may attend meetings by electronic link, either generally or for a specific meeting, if the technology allows”;

e)   Amend Standing Order 13.12 (Request to attend by audio or audio visual link) by replacing the word ‘request’ with ‘notification’;

f)   Amend Standing Order 13.10 (Chairperson’s duties) by deleting the sentence “If the Chairperson is attending by audio or audio-visual link, then chairing duties will be undertaken by the Deputy Chair, or a member who is physically present”;

OR:

g)  Retain the current Standing Order 13.10 (Chairperson’s duties) and the requirement that the Chairperson must be physically present [in the event of a hybrid meeting].

1.        Introduction

The Strategy Group’s Standing Orders are modelled on those provided by Local Government New Zealand and amended as required by the Ngāti Rangitihi Claims Settlement Act 2022.

Schedule 7, clauses 25A(3) and 25A(4) of the Local Government Act 2002 (LGA) provide the legislative parameters for the conduct of Strategy Group meetings. The current version of the Strategy Group’s Standing Orders (13.8 and 13.9) is based on these LGA provisions and provides for members’ remote participation and the ability to vote at meetings, but not be counted for the purpose of a quorum. Standing Orders 13.11 and 13.12 provide for other aspects of remote attendance.

During the COVID-19 pandemic and most recently the Cyclone Gabrielle response, the Government enacted temporary provisions under the Severe Weather Emergency Legislation Act 2023[2], amending the LGA to allow for remote participants (via audio or audiovisual link) to count towards a quorum. This enabled councils and committees to continue to conduct business when the ability to meet in person and meet this legislative requirement was restricted.

On 30 September 2024, the temporary provisions enacted by Central Government during the Cyclone Gabrielle response expired. However, an amendment to the LGA was enacted on 30 August 2024[3] to enable all members (in person and remote) to count towards a quorum. However, a committee’s standing orders must allow for this.

2.        Proposed amendments to Standing Orders

2.1      Current Standing Orders

The Strategy Group’s current Standing Orders (13.7 – 13.16) allow for members to attend meetings by electronic means (via audio or audiovisual link) providing certain conditions are met. However, members who attend this way cannot be counted as present for the purposes of a quorum, but if a quorum has been met by those physically present, then members attending via electronic means are able to participate and vote on any matters raised during the meeting.

Now that the Severe Weather Emergency Legislation Act 2023 expired on 30 September 2024, if no changes are made to the Strategy Group’s Standing Orders, members attending via electronic means will not count towards a quorum.

2.2      Proposed amendments to Standing Orders

The Strategy Group must consider the following amendments to its Standing Orders if it wishes to retain the practice of enabling members that are attending remotely to count towards a quorum. The recommended changes have been provided in the Recommendations section of the report:

1.    If the Strategy Group wishes to make the expired provisions permanent, an amendment to Standing Orders 13.8 and 13.9 is required to maintain the current practice of holding hybrid meetings, with both virtual and physical attendance of members, to count towards a quorum.

2.    Standing Order 13.10 (Chairperson’s duties) currently stipulates that the Chairperson must be physically present at a meeting to undertake the Chair’s duties. The Strategy Group may wish to consider removing this requirement to enable the Chairperson to chair when attending via audio/audiovisual means. There is no requirement in the LGA that the Chairperson must be physically present to chair a meeting.

3.    Additionally, an amendment to Standing Orders 13.11 and 13.12 is recommended to remove the requirement for specific approval and notice to be given to attend a meeting via electronic means, although prior notice is preferable to facilitate the necessary practical arrangements.

Under the provisions of Part 2, Section 127 of the Ngāti Rangitihi Claims Settlement Act 2022 (NRCSA), the Strategy Group must adopt a set of Standing Orders for the conduct of its meetings. Under Standing Order 3.2, adoption of a new or amended set of Standing Orders can only be resolved by majority vote of the members present.

2.3      Benefits of Amending Standing Orders

Although physical face-to-face attendance at meetings is generally preferred by most, there are several benefits of amending the Standing Orders provisions:

1.   Amended Standing Orders will allow for remote participation to be counted towards a quorum in line with the intent of the amended legislation to enable local authorities and committees to decide to make these provisions permanent.

2.   There is less risk of a meeting being cancelled due to lack of quorum and in the event of an emergency, the Strategy Group would be able to hold fully remote meetings and continue to conduct its business when the ability to meet in person is restricted.

3.   Enabling members to attend meetings virtually and to count towards the quorum of a meeting supports effective meeting processes and recognises members’ individual and changing needs and ability to attend a meeting in person.

4.   Reducing members’ meeting travel also has a positive impact on emissions and minimises travel cost.

3.        Considerations

3.1      Risks and Mitigations

Although there is an element of risk that the chosen audiovisual system/technology could fail, such risk can be mitigated by members attending via other means, e.g. mobile phone or a landline.

4.        Next Steps

If adopted, the amended Standing Orders will be made publicly available on the Regional Council’s website. A printed copy of the amended standing orders can be provided to members on request.

 

Tuhinga Tautoko
Attachments

Attachment 1 - Proposed Amendments to Standing Orders (Adopted 28 February 2023)

Attachment 2 - Extract: Local Government Electoral Legislation Act 2023 (Version as at 31 July 2024) - Part 2 Amendment to LGA 2002  

 


Tarawera Awa Restoration Strategy Group                                              1 November 2024

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Tarawera Awa Restoration Strategy Group                                              1 November 2024

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[1] s134 Ngāti Rangitihi Claims Settlement Act 2022

[2] Severe Weather Emergency Legislation Act 2023 No 4, Public Act 15 Schedule 7 amended – New Zealand Legislation

[3] Schedule 7 clause 25A(4): replaced, on 1 October 2024, by section 49(6) of the Local Government Electoral Legislation Act 2023 (2023 No 57).