Agenda of Te Maru o Kaituna River Authority

Purpose

The purpose of the Authority as set out in the Tapuika Claims Settlement Act 2014 is the restoration, protection and enhancement of the environmental, cultural and spiritual health and wellbeing of the geographical area of the Kaituna River Catchment as shown on deed plan OTS-209-79.

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

Role

· To prepare and approve the Kaituna River document in accordance with sections 125 and 127 of the Act.

· To monitor the implementation and effectiveness of the Kaituna River document.

· To support integrated and collaborative management of the river.

· To work with local authorities and crown agencies that exercise functions in relation to the Kaituna River:

§ to monitor the state of the river environment

§ to monitor the effectiveness of the management of the river

§ to engage with iwi in relation to their interests in the river and to consult them on how to manage the river.

· To provide advice and recommendations to local authorities:

§ relating to projects, action or research designed to restore, protect or enhance the health and wellbeing of the river

§ on appointment of commissioners to hear and decide applications for resource consents under the Resource Management Act 1991 that affect the river.

· To facilitate the participation of iwi in the management of the river.

· To monitor the extent to which the purpose of the Authority is being achieved, including the implementation and effectiveness of the Kaituna River document.

· To gather information, to disseminate information and to hold meetings.

· To take any action that the Authority considers is appropriate to achieve its purpose.

· The Authority may seek to obtain funds to enable it to perform its functions.

· Other iwi and local authorities may join the Authority through consensus of the Authority or through legislation.

Decision Making

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

If the Chair or Deputy Chair considers that the meeting is unlikely to achieve consensus on a matter, the decision on the matter may be made only by a 70% majority of those present. The Chair and the Deputy Chair of the Authority may vote but do not have a casting vote.

Power to Act

The Authority has discretion except as provided for in section 116(2) (a) of the Tapuika Claims Settlement Act 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 Authority’s delegated functions as it deems appropriate.

The Te Maru o Kaituna River Authority members report directly to their respective organisations.

Recording of Meetings

Please note that this meeting is being recorded and uploaded to the Bay of Plenty Regional Council’s website in accordance with Council's Live Streaming and Recording of Meetings Protocols which can be viewed on Council’s website. The recording will be archived and made publicly available on Council's website within two working days after the meeting on www.boprc.govt.nz for a period of three years (or as otherwise agreed to by Council).

All care is taken to maintain your privacy; however, as a visitor in the public gallery or as a participant at the meeting, your presence may be recorded. By remaining in the public gallery, it is understood your consent is given if your image is inadvertently broadcast.

Te Maru o Kaituna River Authority Minutes

16 August 2024

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 16 August 2024, 9.30 am

Venue: Council Chambers, Regional House, 1 Elizabeth Street, Tauranga, and via Zoom (Audio Visual Meeting)

Heamana

Chairperson: Jo’el Komene (Tapuika Iwi Authority Trust) – appointed at the meeting

Heamana Tuarua

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

Ngā Kopounga

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

Cr Te Taru White (Alternate) (via Zoom)

Tapuika Iwi Authority

Dean Flavell (Alternate)

Te Pumautanga o Te Arawa Trust

Rawiri Kingi (Alternate)

Rotorua Lakes Council (RLC)

Cr Lani Kereopa (Alternate) (via Zoom)

Western Bay of Plenty District Council (WBOPDC)

Cr Andy Wichers

Tauranga City Council (TCC)

Cr Rick Curach (Alternate)

Informal Members: Te Komiti Nui o Ngāti Whakaue

Maru Tapsell

Te Hunga i Tae Ake

In Attendance: BOPRC: Cr Kat Macmillan (via Zoom); Chris Ingle – General Manager Integrated Catchments; Pim De Monchy – Coastal Catchments Manager; Stephen Lamb – Environmental Strategy Manager; Jo Watts – Senior Planner (Water Policy); Mark Townsend – Engineering Manager (via Zoom); Georgia Edwards – Geospatial Analyst; Penny Doorman – Programme Leader, Geothermal; Georgia Thompson - Planner; Rawiri Bhana – Senior Advisor (Treaty); Jenny Teeuwen – Committee Advisor;

WBOPDC: Jason Crummer and Chris Nepia (both via Zoom)

External: Haimona Brown and Josh Roberts – Waka Tete Project; Roana Bennett - Ngāti Whakaue ki Maketū; Luke Whare and Rae Wihapi – Waitaha

Ngā Hōnea

Apologies: Piki Thomas - Te Pumautanga o Te Arawa Trust, Nicki Douglas - Te Tahuhu o Tawakeheimoa Trust, Cr Grant Dally – WBOPDC (Alternate), Nick Chater – RLC (Lakes Community Board), Cr Steve Morris – TCC, Cr Jane Nees – BOPRC (Informal member), and Cr Rick Curach – TCC (Alternate) – for early departure.

1. Opening Statement

Deputy Chairperson, Cr Matemoana McDonald, opened the hui and advised that the hui was being recorded and that the recording would be uploaded to the Bay of Plenty Regional Council website and could be accessed via this link: Te Maru o Kaituna River Authority Meeting - 16 August 2024 (youtube.com).

Cr McDonald also advised that a new Chairperson was to be appointed at this meeting and she would Chair the meeting until the new Chairperson was appointed.

2. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Dean Flavell

3. Ngā Hōnea
Apologies

Resolved

That the Te Maru o Kaituna River Authority:

1 Accepts the apologies from Piki Thomas, Nicki Douglas, Cr Grant Dally, Nick Chater, Cr Steve Morris, and Cr Jane Nees, and from Cr Rick Curach for early departure, tendered at the meeting.

Flavell/Curach

CARRIED

4. Raupapa o Ngā Take
Order of Business

The Deputy Chairperson advised that due to staff availability, Agenda items 9.2 - 2023/24 Annual Report and proposed budget, 9.3 - Feb - July 2024 Biannual Report, 9.4 - Outcome of LTP 2024 – 2034, and 9.5 - Appointment of Chairperson, would now follow on directly after item 9.1 - Change of Membership - Te Maru o Kaituna River Authority. The three presentations would then follow.

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

None declared.

6. Ngā Meneti
Minutes

Kia Whakaūngia Ngā Meneti
Minutes to be Confirmed

6.1

Te Maru o Kaituna River Authority Minutes – 23 February 2024

Resolved

That Te Maru o Kaituna River Authority:

1 Confirms the Te Maru o Kaituna River Authority Minutes – 23 February 2024 as a true and correct record.

McDonald/Kingi

CARRIED

6.2

Te Maru o Kaituna River Authority Minutes - 3 May 2024

Resolved

That Te Maru o Kaituna River Authority:

1 Confirms the Te Maru o Kaituna River Authority Minutes - 3 May 2024 as a true and correct record.

McDonald/Flavell

CARRIED

7. Ngā Pūrongo
Reports

7.1

Change of Membership - Te Maru o Kaituna River Authority

Presented by: Cr Matemoana McDonald – Deputy Chairperson

Pim De Monchy - Coastal Catchments Manager

Resolved

That Te Maru o Kaituna River Authority:

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

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

3 Confirms the appointments of Cr Steve Morris as the Primary member for Tauranga City Council and Cr Mikaere Sydney as the Alternate member, noting that during Cr Sydney’s leave of absence, Cr Rick Curach will be the Alternate member.

Flavell/Wichers

CARRIED

7.2

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

Presented by: Pim De Monchy - Coastal Catchments Manager

Resolved

That Te Maru o Kaituna River Authority:

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

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

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

4 Adopts the Annual Budget for 2024/25 to achieve its priorities as follows:

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

Flavell/Wichers

CARRIED

10.00am - Cr Lani Kereopa entered the meeting (via Zoom).

7.3

February - July 2024 Te Maru o Kaituna River Authority Biannual Report

Presented by: Pim De Monchy - Coastal Catchments Manager

Georgia Edwards – Geospatial Analyst

Jo Watts - Senior Planner (Water Policy)

Key Points

· Project 17: Kaituna Catchment Network Mapping – demonstrated the online dashboard and the information it contained.

· Project 6: Post Kaituna River Rediversion Enhancement – noted that a “dune re-nourishment” or “beach push up” project was being planned for Maketū spit opposite the Whakaue Marae.

· Brief updates were provided for projects with red and amber status.

In Response to Questions

· Project 17

- Suggested adding a cultural layer that could also show the changes over time if possible (in pictures). It was noted that some of this information could be found in the River Document and staff would look at how to best include this.

- All members and other meeting attendees expressed a desire to have access to the new Te Maru o Kaituna River Authority geospatial dashboard - staff would provide this.

· It was suggested that the Authority could consider creating a cultural framework for the Kaituna. The below link to the Te Arawa Lakes Trust’s (TALT) Te Arawa Cultural Values Framework was provided as an example of what the framework could look like:

https://tearawa.io/wp-content/uploads/2021/07/TeArawa_LT_CF_EP_March20_WEBONLY_view_FA.pdf

Resolved

That the Te Maru o Kaituna River Authority:

1 Receives the report, February - July 2024 Te Maru o Kaituna River Authority Biannual Report.

Flavell/Curach

CARRIED

10.28am – Cr Rick Curach withdrew from the meeting.

7.4

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

Resolved

That Te Maru o Kaituna River Authority:

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

McDonald/Kingi

CARRIED

7.5	Appointment of Chairperson - Te Maru o Kaituna River Authority Presented by: Cr Matemoana McDonald – Deputy Chairperson Pim De Monchy - Coastal Catchments Manager The Recommendations for this item were taken in parts.
	Resolved That Te Maru o Kaituna River Authority: 1 Receives the report, Appointment of Chairperson - Te Maru o Kaituna River Authority. Flavell/Wichers CARRIED The Deputy Chairperson advised that members were required to decide on a voting system, either A or B (as outlined of page 84 of the agenda) before the Chairperson election process could commence.
	Resolved That Te Maru o Kaituna River Authority: 2 Selects System B voting system for appointing a Chairperson. Komene/Wichers CARRIED The Deputy Chairperson then called for nominations for the position of Chairperson.
	Resolved That Te Maru o Kaituna River Authority: 3 Receives the nomination of Jo’el Komene as the Chairperson of Te Maru o Kaituna River Authority. Flavell/Wichers CARRIED There were no further nominations.
	Resolved That Te Maru o Kaituna River Authority: 4 Appoints Joel Komene as Chairperson of the Authority for a term of three years pursuant to the Tapuika Claims Settlement Act 2014. Wichers/Kingi CARRIED

10.37am – the meeting adjourned.

11.05am – the meeting reconvened.

When the meeting resumed, the newly appointed Chairperson, Jo’el Komene, assumed the Chair.

8. Whakaaturanga
Presentations

8.1

Te Niao o Kaituna - building waka tete (river canoes)

Presentation: Waka Tete Project - Nga Niao o Te Kaituna: Objective ID A4746376

Presented by: Dean Flavell, Haimona Brown, and Josh Roberts

Key Points

· The project was developed with the culture and access to the Kaituna River in mind.

· Traditionally built waka had not been on the Kaituna River for over 100 years.

· Would see a transfer of knowledge/skills handed down to the next generation - carving, waka building and celestial navigation.

· Explained how the title of the project came about and its meaning.

· Project participants had attended Waitangi Day at Waitangi in February 2024 and this experience had contributed to the waka tete project.

· Project participants had also undertaken a Day Skippers course.

· While the waka was small, it was about the symbolism it represented. It was a presence on the Kaituna River and connected people to the water intrinsically, culturally and spiritually.

· It had been confirmed that the project would continue for another year.

· The waka would be launched on the Kaituna River on 30 August 2024, at 10.00am at the boat ramp on the cut. All were invited.

8.2

Tauranga Geothermal System Management Plan

Presentation: Tauranga Geothermal SMP: Objective ID A4746372

Presented by: Penny Doorman - Programme Lead, Geothermal

Georgia Thompson - Planner

Key Points

· The Tauranga System Management Plan (SMP) was a guidance document for the Tauranga Geothermal System; it was a whole system approach and a pathway for integrated and sustainable management. The Tauranga Geothermal System fell within the rohe of the Kaituna catchment.

· The Tauranga system was a low temperature system, ranging between 30-70 degrees Celsius. It was the warm part of the groundwater aquifers with the heat concentrated near the city centre.

· There were few surface features but there were some geothermically influenced springs; the most well known in Maketū used historically for bathing.

· Approximately 120 to 130 consented takes – uses included space and water heating, and bathing. Around 24% of the takes were not being used for the heat value e.g. irrigation.

· Outlined the work done to date.

· Noted that the Tapuika Environmental Management Plan specifically identified exploring the feasibility of using the low-temperature geothermal resource for heating marae and papakāinga.

· The principle of integrated management with Plan Change 11 (Geothermal) and Freshwater provisions was key to managing the interconnected aquifer.

· The Tauranga system was not very well known and there was not a strong understanding of it, or relationship to it, as a geothermal resource.

· Outlined the next steps and broad timeframes for the process.

Key Points - Members

· Expressed concern that commercial/economic value would outweigh the social/cultural value.

· Geothermal use in the past had existed and there was an awareness of this e.g. previous hotel at No.1 Road, in Te Puke – warm water sourced from the Waiari river bed for bathing. The practice had ceased when the hotel became a retirement home.

· It was important that if geothermal was used for economic purposes that reinjection occurred to ensure resilience was built into the geothermal resource.

· Whilst there may be some benefit in not overly articulating the knowledge of geothermal in the area, some knowledge would be useful to ensure that the resource was protected, or used to benefit iwi/hapū‘s own need.

8.3

Kaituna Catchment Flood Hazard Analysis

Presentation: Kaituna Catchment Control Scheme - Climate Change Resilience: Objective ID A4746373

Presented by: Mark Townsend – Engineering Manager (via Zoom)

Key Points

· Outlined the project goal and vision for the River Scheme Sustainability (RSS) project.

· Included the following river schemes – Kaituna Catchment Control scheme, Rangitāiki Tarawera scheme, Whakatāne Tauranga scheme, and the Waioeka Otara scheme in Ōpōtiki.

· The resilience programme for the Kaituna River was about to get underway and would include a capacity review, geotechnical investigations, options selection and analysis, and engagement.

· Explained what a capacity review was and what it involved.

· Provided images showing the comparison of the Kaituna River and major sub-catchments for a 1% Annual Exceedance Probability (AEP) i.e. one in one hundred year event, under the current climate, and in 100 years’ time where predictions (under current models) showed an average temperature increase of 3.68 degrees Celsius and a sea level rise of 1.25 metres.

· Noted the current pre-existing issues, particularly at Bell Road and south of Waitangi.

· Would like to present again at the next hui in November to expand on this mahi and seek involvement from Te Maru o Kaituna River Authority.

9. Karakia Kati
Closing Karakia

A closing karakia was provided by Jo’el Komene.

12.01pm – the meeting closed.

Confirmed

Jo’el Komene

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	15 November 2024
Kaituhi Pūrongo: Report Writer:	Jenny Teeuwen, Committee Advisor
Kaiwhakamana Pūrongo: Report Authoriser:	Steve Groom, Governance Manager
Kaupapa: Purpose:	To consider making amendments to Te Maru o Kaituna River Authority’s Standing Orders to include provisions for virtual attendance at meetings.

Amendments to Standing Orders: Virtual Attendance at Meetings

Whakarāpopototanga
Executive Summary

This report asks Te Maru o Kaituna River Authority (the Authority) to consider amending its Standing Orders to allow for the remote participation of members (via audio or audiovisual link) and for remote participation to count towards the quorum at Authority meetings.

The Authority’s current Standing Orders do not include provision for this.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Amendments to Standing Orders: Virtual Attendance at Meetings.

2 Approves the following amendments to Te Maru o Kaituna River Authority’s Standing Orders (refer Attachment 1):

(a) Add Definition: Present at the meeting to constitute quorum means the member may be present in person or by electronic (audio/audio-visual) link.

(b) Amend 2.4.1: Requirement for a quorum - “A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote. Members who attend meetings by electronic link will be counted as present for the purposes of a quorum.”

(c) Amend 2.5.1 : Decisions by vote at meetings – (1) “The Authority must make its decisions by a vote at a meeting. Members attending by electronic link can vote on any matters raised at the meeting.

(d) Amend 2.12.2 Right to attend meetings – “A member of the Authority, or of a committee of the Authority, has, unless lawfully excluded, the right to attend any meeting of the Authority in person, or by electronic link if the technology allows.”

(e) Amend 2.3.1: Chairperson of Authority to preside - “The chairperson of the Authority must preside at each meeting of the committee either in person or by electronic link, unless the chairperson vacates the chair for a particular meeting . . . .”

Or:

(g) Amend 2.3.1: Chairperson of Authority to preside - “The chairperson of the Authority must preside at each meeting of the committee in person, unless the chairperson vacates the chair for a particular meeting . . . .”

1. He Whakamārama
Background

The Authority’s Standing Orders are modelled on those provided by Local Government New Zealand and amended as required by the Tapuika Claims Settlement Act 2014.

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^{^[1]}, amending the Local Government Act 2002 (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 was restricted.

During this time the Authority unofficially conducted its meetings under these provisions.

On 30 September 2024, the temporary provisions enacted by Central Government during the Cyclone Gabrielle response expired. A new amendment to the LGA was enacted on 30 August 2024 providing for all participants (in person and remote) to count towards quorum; however, a committee’s Standing Orders must allow for this.

Minor amendments to the Authority’s Standing Orders are therefore proposed to enable the Authority’s current practice of holding hybrid meetings (a meeting with both virtual and physical attendees) to continue.

2. Proposed amendments to Standing Orders

The Authority must consider the following amendments to its Standing Orders if it wishes to retain the practice of enabling members to attend meetings remotely (by electronic link), and that attending remotely to count towards a quorum:

(e) Add definition: Present at the meeting to constitute quorum means the member may be present in person or via electronic (audio/audio-visual) link.

(f) Amend 2.4.1: Requirement for a quorum - “A meeting is duly constituted if a quorum is present, whether or not all of the members are voting or entitled to vote. Members who attend meetings by electronic link will be counted as present for the purposes of a quorum.”

(g) Amend 2.5.1: Decisions by vote at meetings – (1) “The Authority must make its decisions by a vote at a meeting. Members attending by electronic link can vote on any matters raised at the meeting.

(h) Amend 2.12.2 Right to attend meetings – “A member of the Authority, or of a committee of the Authority, has, unless lawfully excluded, the right to attend any meeting of the Authority in person or, by electronic link if the technology allows.”

In addition, the Authority may wish to consider whether the Chairperson is required to chair a meeting in person or may 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. Either:

(e) Amend 2.3.1: Chairperson of Authority to preside - “The chairperson of the Authority must preside at each meeting of the committee at which he or she is present, either in person or by electronic link, unless the chairperson vacates the chair for a particular meeting . . . .”

Or:

(g) Amend 2.3.1: Chairperson of Authority to preside - “The chairperson of the Authority must preside at each meeting of the committee at which he or she is present in person, unless the chairperson vacates the chair for a particular meeting . . . .”

Under Standing Order 2.1.2: Alteration of standing orders, an amendment of the standing orders requires, in every case, a vote of not less than 75% of the members present.

2.1 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:

· 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.

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

· 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.

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

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
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. Ngā Mahi Whai Ake
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 ⇩

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

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



Report To:	Te Maru o Kaituna River Authority
Meeting Date:	15 November 2024
Presenter(s):	Mark Henry - Mitchell Daysh, Resource Management and Planning Specialists, and Tawhiri Morehu - Taheke 8C Chair