Agenda of Te Maru o Kaituna River Authority

Te Maru o Kaituna River Authority

Membership

Chairperson	Dean Flavell (Tapuika Authority Trust)
Deputy Chairperson	Cr Matemoana McDonald (Bay of Plenty Regional Council)
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	Geoff Rice (Alternate) Nicki Douglas Vincent Brown (Alternate) Piki Thomas Rawiri Kingi (Alternate) Vacant
Council Members One representative each appointed by: Bay of Plenty Regional Council Rotorua Lakes Council Western Bay of Plenty District Council Tauranga City Council	Cr Jane Nees (Alternate) Mr Nick Chater (Lakes Community Board) Cr Tania Tapsell (Alternate) Cr Grant Dally Deputy Mayor John Scrimgeour (Alternate) Vacant Cr Steve Morris (Alternate)
Informal Members Two informal members with voting rights appointed by: Te Komiti Nui o Ngāti Whakaue Bay of Plenty Regional Council	Yet to be appointed Raymond Pou Pouasa (Alternate) Cr Te Taru White
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

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 the public section of this meeting is being recorded and will be posted on 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 48 hours 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.

Opinions expressed or statements made by individual persons during a meeting are not the opinions or statements of the Bay of Plenty Regional Council. Council accepts no liability for any opinions or statements made during a meeting.

Te Maru o Kaituna River Authority Minutes

28 August 2020

Te Maru o Kaituna River Authority

Ngā Meneti

Open Minutes

Commencing: Friday 28 August 2020, 10:30 am

Venue: via Zoom (Audio Visual Meeting), Bay of Plenty Regional Council, Virtual Meeting Room. Please note: a full video recording of this meeting is available here: Te Maru o Kaituna River Authority - 28 August 2020.

Heamana

Chairperson: Dean Flavell - Tapuika Iwi Authority Trust

Heamana Tuarua

Deputy Chairperson: Cr Matemoana McDonald - Bay of Plenty Regional Council

Ngā Kopounga

Members: Nicki Douglas - Te Tāhuhu o Tawakeheimoa Trust

Rawiri Kingi – Alternate, Te Pumautanga o Te Arawa Trust

Cr Jane Nees – Alternate, Bay of Plenty Regional Council

Nick Chater - Lakes Community Board

Cr Grant Dally - Western Bay of Plenty District Council

Deputy Mayor John Scrimgeour – Alternate, Western Bay of Plenty District Council

Cr Heidi Hughes - Tauranga City Council

Cr Steve Morris – Alternate, Tauranga City Council

Raymond Pou Poasa - Te Komiti Nui o Ngāti Whakaue

Cr Te Taru White – Informal Member, Bay of Plenty Regional Council

Kingi Biddle – Interim Member, Te Komiti Nui o Ngāti Whakaue

Te Poari Newton – Interim Member, Te Komiti Nui o Ngāti Whakaue

Te Hunga i Tae Ake

In Attendance: Bay of Plenty Regional Council: Pim de Monchy – Coastal Catchments Manager, Kirsty Brown – Rivers and Drainage Asset Manager, Anaru Vercoe – Strategic Engagement Manager, Jo Watts – Senior Planner (Water Policy), Amanda Namana – Committee Advisor

External: Dr Kura Paul-Burke – University of Waikato

Ngā Hōnea

Apologies: Geoff Rice - Tapuika Iwi Authority Trust

1. Karakia Whakatuwhera
Opening Karakia

A karakia was provided by Chair Dean Flavell.

2. Ngā Hōnea
Apologies

Resolved

That Te Maru o Kaituna River Authority:

1 Accepts the apology from Geoff Rice (Tapuika Iwi Authority Trust) tendered at the meeting.

Kingi/McDonald

CARRIED

3. Wāhanga Tūmatanui
Public Forum

Nil

4. Ngā Take Tōmuri
Items not on the Agenda

4.1 Previous Minutes – Te Maru o Kaituna River Authority – 29 May 2020

Resolved

That Te Maru o Kaituna River Authority:

1 Accepts the Item not on the Agenda, Te Maru o Kaituna River Authority Minutes – 29 May 2020 for consideration at the meeting. The reason why the item was not on the agenda was that it was omitted from the agenda in error and that it should not be delayed until the next meeting of Te Maru o Kaituna River Authority.

White/Douglas

CARRIED

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

None declared.

6. Whakaaturanga
Presentations

6.1

Proposed Flood Protection and Drainage Bylaws 2020

Presentation - Flood Protection and Drainage Bylaws: Objective ID A3622233

University of Waikato Associate Professor Dr Kura Paul-Burke and Rivers and Drainage Asset Manager Kirsty Brown presented this item.

10.25 am – Deputy Mayor John Scrimgeour entered the meeting.

Key Points:

· Dr Kura Paul-Burke had been contracted to engage with tangata whenua to develop an understanding of the impact the bylaws would have on cultural practises in wāhi tapu sites such as marae and urupā before forming co-developed recommendations to Council

· Noted that the timeframe for project completion was October 2020.

Key Points - Members:

· Chair Dean Flavell would liaise with Dr Kura Paul-Burke to facilitate further relevant engagement

· Supported collaborative working to centralise the process whilst still allowing for individual kōrero.

In Response to Questions:

· Stopbanks and pump stations were the main defence against floodwaters

· The main purpose of the bylaw was to protect the asset and it was important to maintain access to enable cleaning of the drains. Different types of planting plans were being considered to combine this goal with improving water quality

· The process for planting trees within the bylaw zone would involve an onsite visit from members of the Rivers and Drainage team to discuss the most suitable options

· No fee was charged for bylaw authority applications as the aim was to ensure the stopbank or pump station retained its integrity and the structure was not weakened.

7. Ngā Pūrongo
Reports

7.1

Chairperson's Report - Verbal Update

Site photograph - 83 Ford Road, Maketu: Objective ID A3622367

Chair Dean Flavell provided a verbal update to members on matters occurring since the last hui held 29 May 2020.

Key Points:

· Te Tini a Tuna update – promotion of the Kaituna Action Plan had occurred through presentations at Maketu and Western Bay of Plenty District Council

· Acknowledged the contributions to the submission made on the AFFCO consent application. A pre-hearing would be held for submitters and invited feedback from members who would like to be involved in this

· Provided an overview of the newly developed Te Maru o Kaituna River Authority (TMoK) website and demonstrated its functionality to members: http://kaituna.socialize.co.nz/

· Shared a video to update members on Tumu Kawa Plantings: https://www.youtube.com/watch?v=XHHjrmPjtp4

Key Points - Members:

Cr Nees – Bay of Plenty Regional Council

· Attended the Maketu community forum and commended Chair Flavell’s presentation and the positive outcomes shown from co-governance working together with community support for the benefit of the Kaituna.

Cr John Scrimgeour – Western Bay of Plenty District Council

· Advised of an Open Day at the 83 Ford Road site from 3-6pm Thursday 3 September 2020 for any interested parties.

Cr Te Taru White – Bay of Plenty Regional Council

· The cultural significance of the Ford Road site at Maketu and the stories to be told were fundamental in consideration of potential development.

Cr Grant Dally – Western Bay of Plenty District Council

· The Ford Road site was owned by Western Bay of Plenty District Council, approximately 3 hectares in size and included Tukotahi Marae

· The land was currently undeveloped and zoned as rural

· Early engagement was to inform concept plans for future use and recreational opportunities.

Nick Chater – Rotorua Lakes Community Board

· Outlined the success local young people had achieved netting catfish post Covid-19 and the risks catfish pose to the koura population.

Kingi Biddle - Te Komiti Nui o Ngāti Whakaue

· A permanent representative to Te Maru o Kaituna would be appointed by Ngāti Whakaue over the next month.

Resolved

That Te Maru o Kaituna River Authority:

1 Approves Te Maru o Kaituna River Authority independent website to go live as soon as possible.

Flavell/White

CARRIED

Ngā Whakatau e Hiahiatia Ana
Decisions Required

7.2

Adoption of the 2020/21 Te Maru o Kaituna River Authority Budget

Senior Planner (Water Policy) Jo Watts presented this item and invited feedback from members to finalise the budget.

Key Points:

· Members had previously indicated the website could be used as part of a communications strategy to raise awareness of Te Tini a Tuna projects and potentially identify funding opportunities

· Future work could also include starting and managing a social media platform.

Key Points - Members:

· The website was currently administered by Bay of Plenty Regional Council and in time TMoK may consider independent administration, depending on how the website progressed

· Supported the website as it was and the development of a communications strategy

· Budget for TMoK led actions could be used for assistance on external funding applications such as the Freshwater Improvement Fund and
Te Mana o Te Wai Fund, therefore $12,000 was added to this budget line

· Additional external funding opportunities could be considered, such as TECT, Bay Trust and the Acorn Foundation

· There was a further opportunity for TMoK to submit to Council’s Long Term Plan for further funding once this went out for consultation.

Proposed Budget Lines	Description	Amount ($)
Independent planning and / or legal advice - peer review of Change 5	Contract in place to provide advice and recommendations to TMoK to ensure the River Document is recognised and provided for fully in change 5 to the RPS up to notification.	4,500
Adhoc independent planning and / or legal advice on an as needed basis	Independent advise for example: - review & recommend course of action for specific resource consent applications which may have significant effect on water quality or quantity in the Kaituna to make sure they have adequate taking into account the Kaituna he taonga tuku iho (note invoice for $1,750 to be paid from this)	10,000
Communications - website	TMoK development of website sections or functionality on the new standalone website after it goes live	5,000
Communications Strategy	If raising TMoK’s profile and/or building a fundraising campaign are priorities some independent or focused support could be beneficial TMoK development of a Communications Strategy that would then guide what level of investment is needed to deliver on it.	5,000
TMoK led actions	Ø Project 3. Consented takes and discharges project (co-led with council’s) Ø Project 9. Pataka kai project Ø Project 10. Kaituna community connection project Ø Project 13. Kaituna cultural and historical heritage project.	12,000
TOTAL		36,500

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the report, Adoption of the 2020/21 Te Maru o Kaituna River Authority Budget;

2 Notes the current balance of Te Maru o Kaituna River Authority funds;

3 Adopts the 2020/21 Te Maru o Kaituna River Authority Budget as outlined in the minutes which includes amendments arising from the meeting.

Douglas/McDonald

CARRIED

7.3	Te Maru o Kaituna River Authority Draft Annual Report 2019/2020 Coastal Catchments Manager Pim de Monchy presented this item. Key Points - Members: · While it had not been a busy year due to Covid-19 restrictions, important work had been achieved including submissions made on behalf of TMoK which ensured the voice of members were heard through a formal process · Acknowledged the work and achievement of finalising Te Tini a Tuna - The Kaituna Action Plan which had occurred in the past year and looked forward to implementation of this.
	Resolved That the Te Maru o Kaituna River Authority: 1 Receives the report, Te Maru o Kaituna River Authority Draft Annual Report 2019/2020; 2 Approves the attached Annual Report; 3 Notes that the Annual Report will be distributed to appointing organisations for their review. Douglas/Chater CARRIED
7.4	Implementation of the National Policy Statement for Freshwater Management Presentation - Implementing the NPSFM and Te Hononga: Objective ID A3623738 Strategic Engagement Manager Anaru Vercoe and Senior Planner (Water Policy) Jo Watts presented this item. Key Points - Members: · The challenge of significant changes and tight timeframes for submissions would make it difficult to qualify quality engagement · Highlighted the importance of a strong communications plan if TMoK was to be a hub for communication flow · Supported the concepts of co-design, cooperation and collaboration · Suggested combining the engagement requirements of kōrero with iwi to economise time, particularly going into such a busy time of year · Co-Governance groups and other local entities with common interests in water could be brought together for a hui at an early point in the process to have a collaborative approach and progress this mahi e.g. Rotorua Te Arawa Lakes Strategy Group, Tauranga Moana Advisory Group, Ōhiwa Harbour Implementation Forum, Rangitāiki River Forum and TMoK. In Response to Questions: · The National Policy Statement (NPS) affected the whole country and BOPRC was working closely with other regional councils, the Ministry for Environment and Kahui Wai Māori as this was a significant piece of work that would involve serious decisions around how it would be supported · Covid-19 environment and alert levels could impact capability to achieve implementation goals · The timeframe for a notified plan was December 2024, with around two years to the submissions and appeal process, and a total of approximately six to seven years to achieve an operative plan. 12.41 pm – Chair Dean Flavell vacated the Chair for the purposes of retaining a quorum and Cr Matemoana McDonald assumed the Chair.
	Resolved That the Te Maru o Kaituna River Authority: 1 Receives the report, Implementation of the National Policy Statement for Freshwater Management. 2 Provides guidance on the role of Te Maru O Kaituna in the Regional Natural Resources Plan review and in the implementation of the National Policy Statement for Freshwater Management 2020, pertaining to the Kaituna co-governance framework area. 3 Provides guidance on preferences of TMoK for the engagement approaches outlined in Te Hononga. Flavell/Nees CARRIED

Hei Pānui Anake
Information Only

7.5

Toi Moana Kaituna Catchment - Report on Operations since 29 May 2020

Coastal Catchments Manager Pim de Monchy presented this item.

Key Points:

· Highlighted the positive changes in Maketu estuary over the past few years including the increase of the number of animals and species per square metre.

Key Points - Members:

· Commended the strong result achieved in a short timeframe, the amount of work involved and the positive message this conveyed

· Excellent to see the return of kaimoana in these places of significance.

Resolved

That Te Maru o Kaituna River Authority:

1 Receives the report, Toi Moana Kaituna Catchment - Report on Operations since 29 May 2020.

White/Flavell

CARRIED

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

8.1

Previous Minutes – Te Maru o Kaituna River Authority - 29 May 2020

Resolved

That Te Maru o Kaituna River Authority:

1 Confirms Te Maru o Kaituna River Authority minutes – 29 May 2020 as a true and correct record.

Flavell/Kingi

CARRIED

9. Karakia Kati
Closing Karakia

A karakia was provided by Kingi Biddle.

12.52 pm – the meeting closed.

Confirmed

Dean Flavell

Chairperson, Te Maru o Kaituna River Authority



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	5 February 2021
Kaituhi Pūrongo: Report Writer:	Nassah Rolleston-Steed, Principal Advisor, Policy & Planning
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	Seek Te Maru feedback on proposed changes made in response to comments received on Draft Proposed Change 5 (Kaituna River) to the RPS.

Direction on Proposed Changes in Response to Comments Received on Draft Proposed Change 5 (Kaituna River) to the Regional Policy Statement

Whakarāpopototanga
Executive Summary

This paper presents changes the Strategy and Policy Committee considered to Draft Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement (RPS) at a workshop on Thursday 10 December 2020. The changes are made in response to comments received during informal consultation between Monday 24 August and Friday 16 October.

Comments were received from Tauranga City Council, Transpower NZ, Western Bay of Plenty District Council, New Zealand Forest and Bird, Freda Woisin, Eastland Generation, New Zealand Kiwifruit Growers, Te Tumu Landowners Group, Horticulture NZ, Federated Farmers and Taheke 8C. AFFCO NZ Ltd Rangiuru Plant and Department of Conservation advised they had reviewed Draft PC5 and identified no concerns with the draft change and did not wish to make formal comment. Meetings were held with Western Bay of Plenty District Council staff and Bay of Plenty Regional Council’s Rivers and Drainage and Engineering teams.

Most comments received generally supported Draft Proposed Change 5 (Kaituna River) although concerns were raised on specific provisions. Staff have recommended some changes including to clarify the intent of provisions in response to comments made.

No comments were received from, or consultation hui, requested by hapu or iwi within the Kaituna River catchment. Taheke 8C and Adjoining Blocks Incorporation which administers approximately 1,214 ha of Maori land in the upper catchment raised a number of concerns about the effects of Draft Proposed Change 5 on its future development aspirations.

Te Maru o Kaituna feedback on the proposed changes made in response to comments received are sought. Staff will review recommended amendments in light of Te Maru members feedback and report to the next Strategy and Policy Committee workshop on the 23 March 2021. Subject to Strategy and Policy Committee support for the proposed changes Council approval will be sought to publicly notifying Proposed Change 5 for formal submissions at their 1 April 2021 meeting.

As Draft Proposed Change 5 (Kaituna River) ‘relates to freshwater’ the hearing process will be subject to the new Freshwater Planning Process (FPP) set out in s80A (2)(c)(ii) of the Resource Management Act 1991 (RMA). The public notification and further submission process follows the standard RMA Schedule 1 procedure. Submitters have restricted appeal rights under the FPP.

Regional Council has a statutory requirement to change the regional policy statement under Section 123 of the Tapuika Claims Settlement Act 2014 to recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document. These obligations apply to the extent the contents of the Kaituna River Document; 1) relate to the resource management issues for the region; and 2) are considered the most appropriate way to achieve the purpose of the RMA in relation to the Kaituna River (s123(4)). As drafted staff consider Draft Proposed Change 5 meets these requirements.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1. Receives the report, Direction on Proposed Changes in Response to Comments Received on Draft Proposed Change 5 (Kaituna River) to the Regional Policy Statement.

2. Generally endorses the amendments made to Draft Proposed Change 5 (Kaituna River) to the Regional Policy Statement in response to comments received.

3. Provides direction on alternative wording to provisions where TMoK members disagree with proposed amendments.

4. Notes Toi Moana staff will seek Regional Council approval to commence the formal RMA Schedule 1 submissions process by mid-2021.

5. Notes Draft Proposed Change 5 (Kaituna River) to the Regional Policy Statement will be subject to the new Freshwater Planning Process (FPP) set out in s80A (2)(c)(ii) of the Resource Management Act 1991 (RMA). A tangata whenua nominee with tikanga Māori and mātauranga Māori experience must be appointed to the Freshwater Hearings Panel.

1. He Whakamārama
Background

Draft Proposed Change 5 (Kaituna River) to the Regional Policy Statement seeks to fulfil Regional Council’s responsibilities under the Tapuika Claims Settlement Act 2014 which requires the RPS recognise and provide for the vision, objectives and desired outcomes of ‘Kaituna, He Taonga Tuku Iho – a treasure handed down’ (the Kaituna River Document).

These Treaty legislation obligations apply to the extent the contents of the Kaituna River Document; 1) relate to the resource management issues for the region; and 2) are considered the most appropriate way to achieve the purpose of the RMA in relation to the Kaituna River (s123(4)).

Draft Proposed Change 5 proposes the introduction of a new Kaituna River section into the Treaty Co-Governance section 2.12 of the RPS. Draft Proposed Change 5 includes:

· six significant resource management issues for the Kaituna River

· seven Kaituna River objectives

· nine Kaituna River policies

· six Kaituna River methods of implementation; and

· five existing Rangitāiki River methods of implementation expanded to also apply to the Kaituna River.

Draft Proposed Change 5 was first reported to TMoK on 19 October 2018 and Regional Council’s Regional Direction and Delivery Committee on the 30 October 2018. Although the project was given the go ahead it was then placed on hold as TMoK sought time to develop the Kaituna River Action Plan.

During late 2019, and in anticipation of TMoK approving the Kaituna River Action Plan in early 2020, Toi Moana staff commenced internal consultation.
The first version of Draft Proposed Change 5 was developed in December 2019. The initial 2018 project plan was revised and a communication and engagement plan developed and approved by senior management.

Draft Proposed Change 5 was first presented to Regional Council’s Strategy and Policy Committee on 18 February 2020. At their 18 February hui the Strategy and Policy Committee requested a workshop to consider Draft Proposed Change 5. Covid-19 struck and lock down took effect which disrupted Draft Proposed Change 5 progress initially. The Strategy and Policy Committee held a zui on the 5 May 2020 where Councillors provided feedback. Staff then reviewed Draft Proposed Change 5 in response to Councillors feedback.

Staff reported updated Draft Proposed Change 5 project timeframes to TMoK members at their 28 February 2020 meeting. This was the second time staff had reported to TMoK members on Draft PC5.

At the 29 May TMoK hui a resolution was made to appoint David Marshall to provide independent advice which was subsequently reported at a TMoK workshop on Friday 26 June. TMoK members provided feedback on a number of Draft Proposed Change 5 provisions.

Key steps developing Draft Proposed Change 5 since February 2020 are summarised as follows:

The Strategy and Policy Committee, at their 11 August meeting, considered feedback from, and endorsed some changes in response to, TMoK members and approved commencing broader community, iwi/hapū and stakeholder consultation.

From Monday 24 August to Friday 16 October 2020 Draft Proposed Change 5 was open for comment. Notice was sent to all iwi and hapu contacts for the Kaituna River catchment and to persons/organisations who made comment on the Kaituna River document inviting their comment on Draft PC5.

Staff recommendations were to be considered at the 20 November Te Maru o Kaituna River Authority (TMoK) meeting which was cancelled. Staff recommendations were consequently workshopped with the Strategy and Policy Committee on Thursday 10 December.

2. NPS Freshwater Management

The National Policy Statement for Freshwater Management 2020 (NPSFM) came into effect on 3 September 2020 along with other freshwater regulations as outlined in the paper and presentation TMoK received at the last hui (28 August 2020).

The NPSFM requires a specific process for engagement and development of RPS and RNRP changes to give effect to its direction. Council has formally endorsed aligning the RPS and RNRP change process to be notified for submissions by July 2024. Changes will include reviewing RPS and RNRP chapters relevant to water and implementation of the NPSFM.

The primary purpose of Draft Proposed Change 5 is to give effect to Tapuika iwi treaty settlement legislation. Elements of the Draft Proposed Change 5 policy framework use terminology aligned to the earlier draft NPSFM version which is now superseded. Where practicable changes have been made to implement the NPSFM 2020 while continuing to meet the legislative requirements of the Tapuika Claims Settlement Act 2014.

The implementation of the Essential Freshwater programme to give effect to the NPSFM involves a significant amount of work being undertaken in the next 3-4 years including research; science, data and monitoring services; tangata whenua engagement and involvement in the planning process, mātauranga Māori monitoring etc; stakeholder and community engagement and policy options development.

This work may potentially involve some further amendments to this section of the RPS when the RPS Change and RNRP Change are notified in 2024. However Council recognise the importance of continuing with Proposed Change 5 to fulfil Regional Council’s responsibilities under the Tapuika Claims Settlement Act 2014.

3. Freshwater Planning Process

Given Draft Proposed Change 5 ‘relates to freshwater’ the hearing process will be subject to the new Freshwater Planning Process (FPP) set out in s80A (2)(c)(ii) of the RMA. The FPP public notification and further submission process follows the standard RMA Schedule 1 procedure.

Regional Council and tangata whenua nominate freshwater hearings panel members to the Chief Freshwater Commissioner, appointed by the Minister for the Environment. The Chief Freshwater Commissioner is responsible for appointing and determining the size and composition of a freshwater hearings panel.

Under Section 116 of the Tapuika Settlement Act 2014 TMoK functions include recommending appointment of commissioners for resource consents:

(2) (e) to provide advice and recommendations to local authorities—

(i) relating to projects, action, or research designed to restore, protect, or enhance the health and well-being of the river:

(ii) on the appointment of commissioners to hear and decide applications for resource consents under the Resource Management Act 1991 that affect the river:

Although the Act doesn’t specify hearing panels for plan and policy statement changes, staff will be seeking TMoK recommended nominations for a tangata whenua representation on the hearing panel. A report will be presented to the next TMoK meeting seeking a hearing panel nomination. However staff invite members to consider in advance potential commissioners they may wish to nominate.

If no nomination is received, the Chief Hearing Commissioner can appoint an accredited person with an understanding of tikanga Māori and mātauranga Māori of their own choosing.

The RMA does not specify the process if tangata whenua submit more than one nomination to a regional council. It is likely that if all iwi nominations meet the criteria regional council will forward all nominations for the Commissioner’s consideration.

3.1 Skills and experience of freshwater commissioners

Freshwater commissioners must be accredited under section 39A of the RMA (Making Good Decisions certified) unless the Chief Freshwater Commissioner is satisfied there are ‘special circumstances’. What amounts to “special circumstances” is not defined, but it is anticipated this could apply to people with specialist technical skills, such as those with mātauranga Māori expertise.

Collectively the panel members must have knowledge of and expertise in (clause 65(2)):

· judicial processes and cross-examination

· freshwater quality, quantity and ecology

· the RMA

· tikanga Māori and mātauranga Māori

· Te Mana o te Wai

· water use in the local community

· subject areas likely to be relevant to the work of the panel.

3.2 Restricted Appeal Rights

Under the FPP submitters have restricted appeal rights compared to the standard plan-making process. The ability to appeal depends on whether the regional council accepts or rejects the panel’s recommendation. Where Regional Council accepts a recommendation, an appeal is available to the High Council on a point of law only. A further appeal to the Court of Appeal is possible but there is no avenue to appeal to the Supreme Court.

Where a council rejects a hearing panel’s recommendation, a merit appeal is available to the Environment Court, and a further appeal on a point of law to the High Court. There is no ability to appeal to the Court of Appeal.

Appeals are available to people who made a submission or further submission on the freshwater planning instrument:

· where a panel makes a recommendation that is within the scope of submissions, appeals related to a decision on that recommendation are open to a person who addressed that provision or matter in his/her submission

· where a panel makes a recommendation that is outside the scope of submissions, appeals related to a decision on that recommendation are open to any person who made a submission on the freshwater planning instrument.

4. Comments Received

From Monday 18 August to Friday 16 October 2020 Draft Proposed Change 5 was open for comment. Notice was sent to all iwi and hapu contacts for the Kaituna River catchment and to persons/organisations who made comment on the Kaituna River document inviting their comment on Draft Proposed Change 5.

Draft Proposed Change 5 was released for comment on Monday 24 August 2020 and the comment period closed on Friday 16 October. Formal comments were received from:

1. New Zealand Kiwifruit Growers Inc

2. Freda Woisin

3. Transpower NZ Ltd

4. Western Bay of Plenty District Council

5. Tauranga City Council

6. Eastland Generation Ltd

7. Royal Forest and Bird Protection Society NZ

8. Te Tumu Landonwers Group

9. Taheke 8C

10. Federated Farmers

11. Rotorua District Council; and

12. Horticulture NZ.

Toi Moana staff note both Department of Conservation and AFFCO NZ Ltd (Rangiuru Plant) reviewed Draft Proposed Change 5 and no concerns were identified at this stage. No formal comment was made on the draft but interest was expressed in reviewing and making formal submission on the notified version in 2021.

Copies of comments are available on Council’s website. Attachment 3 includes a brief summary of the commenters’ interests and the key thrust of their comments.

5. Strategy and Policy Committee Direction

Toi Moana staff considered all comments received and prepared recommendations in response. Staff recommendations were considered at a Strategy and Policy Committee workshop on Thursday 10 December 2020. Most staff recommendations were endorsed by the Strategy and Policy Committee.

The effect of Strategy and Policy Committee endorsed changes are shown in Attachment 1 to this report entitled ‘Draft Proposed Change 5 (Kaituna River) to the RPS Strategy and Policy Committee direction from 10 December 2020 workshop Version 2.11b’. New text recommended to be inserted is shown as red underlined. Existing text proposed to be deleted is shown as red ~~strikethrough~~. Provisions where the Strategy and Policy Committee have queried changes are highlighted green so they are easily discernible.

Attachment 2 summarises comments made to Draft Proposed Change 5 in the order they appear in the document. Where necessary responses to the comments are made along with Toi Moana staff recommendations. Further commentary is also provided in regards to the provisions listed above, which the Strategy and Policy Committee requested additional changes.

Direction from TMoK members is now sought on:

1. Whether TMoK generally endorse amendments made to Draft Proposed Change 5 in response to comments received.

2. Alternative wording to provisions where members disagree with changes proposed and supporting rationale.

This information will assist Toi Moana staff reviewing the changes recommended and where necessary amending the Section 32 analysis to consider additional options proposed prior to the Council considering whether to approve Proposed Change 5 for public notification.

TMoK members feedback will be workshopped with the Strategy and Policy Committee on 23 March 2021. Subject to receiving Strategy and Policy Committee’s continued support staff will report to the 1 April 2021 Regional Council meeting seeking approval to publicly notify Proposed Change 5 for submissions.

6. Section 32 Evaluation Report

Council is required by Clause 5 of Schedule 1 to the RMA to prepare and approve a Section 32 evaluation and make the report publicly available when Proposed Change 5 is publicly notified.

Section 32 requires that any proposed RPS changes must:

· be examined for their appropriateness in achieving the purpose of the RMA;

· clearly identify and assess the benefits and costs, and risks of new policies and rules on the community, the economy and the environment;

· summarise all advice received from iwi authorities and the response to the advice; and

· document the above analysis, so stakeholders and decision-makers can understand the rationale for policy choices.

Draft Proposed Change 5 has been assessed in accordance with Section 32 and an evaluation report prepared. The Section 32 evaluation sets out the background to preparing Draft Proposed Change 5. It is this report that Council must have particular regard to when deciding whether to proceed with the change.

Council has a statutory requirement to change the regional policy statement under Section 123 of the Tapuika Claims Settlement Act 2014 to recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document. Section 123(4) of the Tapuika Act contains two conditions to the obligation to recognise and provide for the Kaituna River Document being they:

· apply only to the extent the contents of the Kaituna River Document relate to the resource management issues for the region; and

· are considered the most appropriate way to achieve the purpose of the RMA in relation to the Kaituna River.

As drafted staff consider Proposed Change 5 meets these requirements.

7. Ngā Whakaarohanga
Considerations

7.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with Draft Proposed Change 5. Regional Council must progress the change to meet its obligations under the Tapuika Claims Settlement Act 2014. There is an expectation Council will act in accordance with the Treaty of Waitangi principles of ‘good faith’ and ‘partnership’ by continuing to progress Draft Proposed Change 5 without delay. This report seeks Te Maru’s consideration of the feedback received during consultation and Strategy and Policy Committee endorsed changes to Draft Proposed Change 5 in response to the comments received. Some amendments are proposed to policy content to better give effect to the NPSFM intent. Draft Proposed Change 5 is tracking behind schedule. Council’s Long-Term Plan committed funding to progress this change in the 2017/18 and 2018/19 financial years. The project timeframes approved on 30 October 2018 foreshadowed the schedule 1 submission process commencing in October 2019. Te Maru o Kaituna needed time to develop Kaituna He Taonga Tuku Iho (Kaituna River Document) which came into effect 1 August 2018 and the following Te Tini a Tuna (Kaituna River Action Plan) which was approved in February 2020. Te Maru o Kaituna prioritised the action plan before the development of Draft Proposed Change 5.

7.2 Huringa Āhuarangi
Climate Change

Draft Proposed Change 5 seeks to recognise and provide for the vision, objectives and desired outcomes of Kaituna, he taonga tuku iho. Its contents and scope is therefore constrained by the Kaituna River Document which refers to the ‘pressure on the Kaituna River due to land use intensification, urban growth and climate change’ as a key issue to respond to. Regardless, the existing RPS provisions, in addition to those in Draft Proposed Change 5, will continue to apply to the Kaituna River Catchment. To that end, RPS Policy NH 11B ‘Providing for climate change’ and Policy IR 2B ‘Having regard to the likely effects of climate change’ will continue to apply to the Kaituna River and its tributaries.

7.3 Ngā Pānga ki te Māori
Implications for Māori

Draft Proposed Change 5 is the second RPS treaty co-governance change. It has significant implications for Tapuika iwi in particular as it gives effect to their treaty settlement legislation and strategic cultural aspirations. It also has cultural significance to other Te Maru o Kaituna iwi members namely Ngāti Pikiao (through Te Pumautanga o Te Arawa Trust member), Waitaha, Ngāti Rangiwewehi and Ngāti Whakaue.

Kaituna is considered a tupuna and is revered as a living entity. Statutory acknowledgements exist along the Kaituna River and its tributaries that recognises the mana of and particularly the cultural, spiritual, historical and traditional associations Waitaha, Tapuika and Ngāti Rangiwewehi have in relation to these specified areas. There are also numerous sites of significance to Māori within and adjacent the Kaituna River and its tributaries many of which are described in rich detail in iwi and hapū resource management plans and the aforementioned statutory acknowledgements.

Draft Proposed Change 5 is intended to enshrine the vision, objectives and desired outcomes of the Kaituna River Document within the RPS. Iwi and hapū have high aspirations in terms of the practical effect of Draft Proposed Change 5. District and regional plans will need to give effect to, and resource consents decision making processes will need to have regard to, the RPS policy framework.

7.4 Whakawhitiwhiti ā-Hapori
Community Engagement

As a co-governance entity, TMoK members have been kept abreast of project progress and Toi Moana staff have remained open to consultation with interested parties at all steps of the process.

Community engagement and consultation is carried out in accordance with the Draft PC5 Communications and Engagement Plan (Nov 2019 – October 2020).

Consultation is also guided by relevant RPS policies and methods namely Policy IR 4B and Method 41 repeated as follows:

Policy IR 4B: Using consultation in the identification and resolution of resource management issues

Encourage the timely exchange, consideration of, and response to, relevant information by all parties with an interest in the resolution of a resource management issue by:

(d) Consulting as widely as practicable in the preparation, implementation and review of policy statements and plans;

(e) Consulting all potentially affected parties and interest groups in the planning, implementation and review of councils’ own operational activities in relation to the use, development and protection of natural and physical resources; and

(f) Encouraging all parties undertaking resource use, development and protection activities to consult with others who may be affected.

Method 41: Promote consultation with potentially affected tangata whenua

Promote consultation with tangata whenua and any other parties affected:

(a) Early in a proposal development and, as appropriate, to continue this consultation during the implementation of any consented activity; and

(b) As the occasion may dictate, in accordance with tikanga Māori (consultation may be through tribal federations or runanga, iwi authorities, hapū or whānau, depending on the issue).

Implementation responsibility: Regional council and city and district councils.

Draft Proposed Change 5 was open for comment since 24 August 2020 and closed on the Friday 16 October. Persons/organisations who provided comment on the Kaituna River Document were invited to comment on Draft Proposed Change 5. All iwi and hapū contacts within the Katiuna River catchment were notified either by email or post and invited to comment. As earlier mentioned, no comments/responses were received from iwi or hapū.

The approach for RPS related changes has always been an open door policy. Staff are genuinely open to consulting any interested iwi/hapū, persons, groups, organisations, at a time and place of their choosing. Consultation involves a genuine invitation to exchange information about Draft Proposed Change 5 and its effects with those who may be affected or interested. It involves receiving information and a genuine consideration of that feedback. Sufficient information and time should be provided for the consulted party to be adequately informed, to appraise the information and make useful responses. Staff remain open minded, being ready to change if such is considered warranted.

During the comments period meetings were requested by Western Bay of Plenty District Council’s growth management, infrastructure and reserves teams and Bay of Plenty Regional Council’s Rivers and Drainage and Engineering teams. Meetings were subsequently held on 21 (WBOPDC) and 23 (BOPRC staff) September with members from the relevant Council teams to discuss Draft Proposed Change 5. Comments were subsequently received from WBOPDC but none from BOPRC staff.

Consultation can only occur during the informal policy drafting phase which has essentially come to a close. Once the Schedule 1 submissions processes commences Council is constrained in the scope of changes it can make to the RPS.

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

A Healthy Environment	We develop and implement regional plans and policy to protect our natural environment.
Freshwater for Life	We collaborate with others to maintain and improve our water resource for future generations.
Safe and Resilient Communities	We work with communities and others to consider long term views of natural hazard risks through our regional plans and policies.
A Vibrant Region	We work with and connect the right people to create a prosperous region and economy.
The Way We Work	We honour our obligations to Māori.

Draft Proposed Change 5 directly contributes to the Healthy Environment, Freshwater for Life and Vibrant Region Community Outcomes in the Council’s Long Term Plan 2018-2028.

7.6 Ngā Pānga ā-Pūtea
Financial Implications

Draft Proposed Change 5 has no material unbudgeted financial implications and fits within the allocated budget. The cost of developing Draft Proposed Change 5 is budgeted in the Long Term Plan 2018-2028 within the Regional Planning activity. Work to date has involved staff time preparing the project plan and communications/engagement plan and draft policy framework, carrying out internal staff consultation, reporting to and workshopping with the Strategy and Policy Committee and Te Maru o Kaituna members. The 2020/21 budget for the overall RPS programme is $221,301. There are no external costs associated with legal due diligence as this is being undertaken by Regional Council’s legal staff. Printing and publication costs associated with notifying Draft Proposed Change 5 in 2021 is estimated to cost around $1,500.

8. Ngā Mahi Whai Ake
Next Steps

TMoK members feedback will be workshopped with the Strategy and Policy Committee on 23 March 2021. Subject to receiving Strategy and Policy Committee’s continued support staff intend reporting to the 1 April 2021 Regional Council meeting seeking approval to publicly notify Proposed Change 5 for submissions.

Feedback received from TMoK members today will assist Toi Moana staff reviewing the changes proposed to Draft Proposed Change 5. If TMoK members seek alternative wording for provisions staff will need clear direction on what alternative wording is agreed to and the rationale why? This information is necessary for amending the Section 32 analysis to consider additional options proposed prior to the Council considering whether to approve Proposed Change 5 for public notification.

As Draft Proposed Change 5 ‘relates to freshwater’ the hearing process will be subject to the new Freshwater Planning Process (FPP). The public notification and further submission process follows the standard RMA Schedule 1 procedure. Further detail about the FPP hearing process is available here.

The requirements for public notification are set out in Schedule 1 to the RMA. Once notified Council has two years to make its decisions on submissions. The next steps and indicative timeframes are as follows:

Tuhinga Tautoko
Attachments

Attachment 1 - Draft Proposed Change 5 (Kaituna River) to the RPS Te Maru o Kaituna meeting Friday 5 February 2021 Version 2.12b ⇩

Attachment 2 - Staff Recommendations in Section Sequence for 5 February 2021 TMoK hui ⇩

Attachment 3 - Summary of Commenters' Key Interests and Concerns ⇩



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	5 February 2021
Kaituhi Pūrongo: Report Writer:	Brad Harburn, Environmental Engineer
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	Project Presentation in Co-governance jurisdiction

Kaituna Mole Maintenance

Whakarāpopototanga
Executive Summary

Maintenance to the Kaituna Mole:

The sheetpile facing of the Kaituna Mole is reaching the end of its design life and requires major maintenance to continue to be fit-for-purpose.

The revamped public facility and access also support the following projects of the Kaituna Action Plan (2019-2029) Te Tini a Tuna:

- Project 10: Kaituna community connection project;

- Project 12: Kaituna cycleway/walkway project;

- Project 15: Coastal park network project.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Kaituna Mole Maintenance.

1. He Whakamārama
Background

The Kaituna Mole is an essential flood-control structure as part of the Kaituna River Scheme. Its function is to maintain the river mouth location in its current position, to ensure stability in water and flood levels upstream.

As the sheetpiles are failing the mole will gradually become more and more unsafe, with a reduced level of service over time.

The Bay of Plenty Regional Council will be starting major maintenance on the Kaituna Mole in April 2021.

Funding has been secured from Central Government as part of the “shovel-ready’ program to cover 75% of the planned costs. Total cost distribution shown below:

Funding Source	2020/2021 Financial Year	2021/2022 Financial Year
Targeted Rate:	$ 237,500	$ 70,000
General Rate:	$ 237,500	$ 70,000
Central Government:	$ 1,425,000	$ 420,000

Table 1: Funding Summary

Originally costs were planned on an even 50/50 split between General Rates and Targeted Rates.

2. Scope of Works

2.1 Structure

The proposed maintenance will involve installing 50 metres of new sheet pile facing, installed around the exterior of the existing sheet piles.

The sheet piles will be capped by a new concrete deck, which will also lead into the carpark area. The works are aimed to be completed before the start of summer 2021.

2.1.1 Facilities

The works will involve new handrails, rod holders, bait stations and some concrete benches/tables to improve public use of the structure.

Figure 1: Conceptual Impression of the completed works

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

The works are focussed on maintaining the existing structure to limit outside effects and will be carried out under the conditions of the existing consent for the Mole Structure.

The project is aimed to limit the effects on the public use by timing the works outside of peak seasons.

Qualified contractors will be called to tender to ensure the works are managed appropriately in terms of health and safety and environmental and social management.

3.2 Huringa Āhuarangi
Climate Change

The works have been planned to consider total life-cycle use of materials and resources. The old facing and core will be left in place to limit waste and the new facing will be protective-coated to extend the structural life of the materials used.

3.3 Ngā Pānga ki te Māori
Implications for Māori

Social procurement outcomes, for the Bay of Plenty and local community, will form part of the tendering process for the works.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

The planning of the works was limited in the assessment of alternatives under the existing coastal structure consent.

The BOPRC has been actively informing the local community through publications and one-one meetings with Community Board members.

A formal communication plan will form part of the Project Management for the works.

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

The continued, optimal, functioning of the Kaituna River Mouth is key to the health of the river and the Mole’s function is demonstrated in the final page of the Kaituna River document – Kaituna He Taonga Tuko Iho, see below:

Figure 2: Kaituna River Mouth - Kaituna He Taonga Tuko Iho - Final page

The revamped public facility and access also present an opportunity to support the following projects of the Kaituna Action Plan (2019-2029) Te Tini a Tuna:

- Project 10: Kaituna community connection project

- Project 12: Kaituna cycleway/walkway project

- Project 15: Coastal park network project

3.6 Ngā Pānga ā-Pūtea
Financial Implications

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

4. Ngā Mahi Whai Ake
Next Steps

There are some landscaping works envisaged to tie the revamped structure more effectively into the adjacent public and coastal areas. This is under discussion with the WBODC Reserves and Facilities as well as the local Community Board.



Pūrongo Ki: Report To:	Te Maru o Kaituna River Authority
Rā Hui: Meeting Date:	5 February 2021
Kaituhi Pūrongo: Report Writer:	Pim De Monchy, Coastal Catchments Manager
Kaiwhakamana Pūrongo: Report Authoriser:	Chris Ingle, General Manager, Integrated Catchments
Kaupapa: Purpose:	To update the Authority on operations carried out by Toi Moana / Bay of Plenty Regional Council

Toi Moana Kaituna Catchment - Report on Operations since 28 August 2020

Whakarāpopototanga
Executive Summary

This report provides Te Maru o Kaituna River Authority with an update on operations carried out by Toi Moana / Bay of Plenty Regional Council since the last meeting 28 August 2020, and an outline of upcoming planned work that may be of interest.

Ngā tūtohutanga
Recommendations

That Te Maru o Kaituna River Authority:

1 Receives the report, Toi Moana Kaituna Catchment - Report on Operations since 28 August 2020.

1. He Whakamārama
Background

This report is a standing item on Te Maru o Kaituna River Authority’s agenda and is provided at the request of the Authority.

2. Operations

2.1 Consents and Compliance

A total of 99 consents have been granted in the Kaituna catchment since 1 July 2020 (to 9 December 2020). Of note:

· In the August update, it was reported that an application to use and maintain a jetty and a boatshed on Lake Rotoiti had been limited notified to Te Arawa Lakes Trust (TALT), Ngāti Mākino, Ngāti Pikiao, Land Information New Zealand, the Department of Conservation, and Fish and Game New Zealand. Submissions had been received, and this application was identified as likely to progress to a hearing. A pre-hearing meeting was held and the applicant undertook to have further discussions with:

o TALT about getting a lease

o Ngāti Pikiao about erecting signage relating to a nearby waahi tapu

o An ecologist relating to koura habitat enhancements.

Those conversations are ongoing, with the potential for concerns raised to be addressed and a hearing avoided.

· In response to the significant opposition by TALT and the community to the cultural effects associated with the discharge of treated wastewater to Lake Rotorua, Central North Island Iwi Holdings Limited (CNI), as the land owner of the Whakarewarewa Forest, offered the use of land within the forest for short and medium term discharge options while Rotorua Lakes Council explores and pursues a long term discharge option which does not require the use of the CNI land. Rotorua Lakes Council have a signed agreement (Kawenata) with CNI and TALT relating to the ongoing discharge of wastewater to the forest. They have formally notified the Court and parties of its withdrawal of their application to discharge wastewater to Lake Rotorua.

· AFFCO’s application for the renewal of four resource consents for the discharge of wastewater and stormwater from the meat processing facility to land and water was publicly notified, as identified in an earlier presentation to Te Maru o Kaituna. Nine submissions in opposition were received, and this application will proceed to a hearing. AFFCO have put this application on hold while they prepare an application to renew a water take which is due to expire so that all consents for the site can be assessed simultaneously. In the interim they have continued consultation and have hosted a site visit.

Figure 1: Consents granted in the Kaituna Catchment (incl. lakes) since 1 July 2020.

2.2 Maritime

From the 1st December to now (mid-January) we have had six on-water Harbourmaster Patrols and one boat ramp education day on the Kaituna River for the purpose of compliance and education of the BOP Navigation Safety Bylaws 2017. The on-water patrol crew spoke to 66 vessels during their patrols (171 people), with no breaches issued in the area.

2.3 Land Management

Land Management works include riparian and wetland fencing for stock exclusion, native planting, pest animal and plant control, wetland enhancements, retirement of marginal land from grazing, and various erosion protection works. Works are usually delivered through Environmental Programme Agreements.

· There are currently a total of 30 active Environmental Programmes underway across the various Kaituna sub-catchments.

· A total of 8 Environmental Programmes are funding works within regionally significant Priority Biodiversity Sites.

· A further 10-20 Environmental Programme Agreements are currently in development/negotiation across the catchment.

· New MfE ‘Jobs for Nature Funding’ is included in Environmental Programmes, allowing more rapid works delivery and better quality projects to occur.

· A Drainage Bylaw Authority application has been submitted for a new planting project alongside a BOPRC drainage canal asset. This is necessary to ensure compatibility with plantings and ongoing scheme maintenance.

· Design work is underway for the constructed treatment wetland project on Te Arawa Lakes Trust dairy farm in the Waitepuia Catchment of Maketu Estuary.

· Modelling work is underway for the Parawhenuamea re-diversion project with Tapuika Iwi Authority. This work will help inform the flooding effects on down-stream land owners from various flow rates through the proposed diversion, and is needed to scope out the likely consenting pathway required to secure this project.

2.3.1 Te Pourepo o Kaituna wetland construction (Lower Kaituna Wetland Management Reserve)

Works have continued at the Lower Kaituna Wetland Management Reserve project, with the first part of Stage 2 earthworks (Area 2-1) completed in December. The second stage of construction (Area 2-2) will recommence in March 2021.

The target operating water levels are different for the two separately managed zones to create different habitat types/ecosystems:

· Area 2-1 – target average operating water level range is RL0.65m – RL0.7m.

· Area 2-2 - target average operating level year round is RL0.75m – RL0.89m but subject to monitoring and adjustment where necessary.

The general principles for habitat reconstruction for all of Stage 2 (2-1 and 2-2) include:

· Wetland contouring/ground level forming will be subtle and undulating to support the establishment of Machaerina dominant sedgelands as the wetland vegetation type.

· Naturally higher areas within the Stage 2 (i.e. sand ridges) will be used for the establishment of Kahikatea forest.

· Where deeper water areas are created, they are to be between 1-2m deep water to hinder the growth of raupo to support efficient wetland water reticulation year round by reducing mechanical intervention.

Figure 2: Te Pourepo o Kaituna wetland site with the recent stage 2 earthworks visible in the foreground.

Figure 3: Te Pourepo o Kaituna stage 2 habitat areas to be created with different water levels.

2.3.2 Ohineangaanga Stream (Donovan Park Te Puke)

The Class of Ngakau Mahaki from Te Puke Primary School have been actively monitoring, learning and caring for the Ohineangaanga Stream in Te Puke. Ngakau Mahaki goals are to continue their path of learning and care for the Ohineangaanga stream as on-going “helping hands” of the stream and in doing so formed the care group “Nga Ringa Manaaki o Ohineangaanga Care Group”.

The care group identified a site of increasing stream bank erosion at Donovan Park, immediately north of Raymond Avenue bridge. The erosion issue to date had been increasing due to debris and high flow volumes. The erosion was impacting Donovan park infrastructure including the pathway and the park land area.

Figure 4: Streambank erosion on the Ohineangaanga at Donovan Park

Reinforcement of the stream bank using rock rip rap overlaid with soil was conducted by the Bay of Plenty Regional Council Rivers and Drainage Team during December 2020. This was co funded by BOPRC and WBOPDC. The area has since been re-seeded with grass and up to 1,000 native plants will be planted by the Nga Ringa Manaaki o Ohineangaanga Care Group during winter 2021 along the stream bank.

Figure 5: Works underway on the Ohineangaanga Stream

Figure 6: Ohineangaanga Stream works completed, and ready for re-grassing, and native planting during winter 2021

2.4 Engineering, Rivers and Drainage Update

2.4.1 Ford Road Pump Station Upgrade Project

Budget 2020/21: Consenting and detailed design $321,000

The purpose of the Ford Road pump station upgrade is to maintain levels of service for drainage and flood mitigation, improve operational issues, improve discharge quality and adapt to climate change. A number of options were assessed using a multi-criteria analysis and Options 1 and 6b have been identified for more detailed concept design, modelling and consultation. Option 1 and 6b as described below.

Figure 7: Ford Road pump station options overview.

Option 1: Additional pump capacity at the existing diagonal drain site

· Installing of a new pump station at Diagonal Drain site adjacent to the existing pump station.

· Decommissioning of the existing gravity outlet and gates at Ford Road.

· Widening of 1600m of existing drains by 2m.

· Upgrading of 2 existing culvert crossings.

Option 6b: new pump station at existing Ford Road site, pumped discharge downstream of salinity block.

· Installing of a new pump station at Ford Road site adjacent to the existing pump station.

· Decommissioning of the existing Ford Road Pump Station.

· Installation of a new gravity outlet and gates at Ford Road or decommissioning of the existing gravity outlet and gates (TBC – gravity may no longer be feasible).

· Installation of 350m (2 x 1400mm) pumping mains beneath channel bed and pump outlet.

Work this year will be focused on consultation with iwi and stakeholders on the preferred option(s), detail design, assessment of environment effects and the resource consent application process. The concept designs are almost complete and the costing of the two options is underway. Following the concept design and costing, another round of Multi-Criteria Analysis and Community Engagement will occur on the two pump station options. This is planned to commence in February/March 2021.

2.4.2 Utuhina Stream Mitigation

Budget 2020/21: Construction $400,000

The existing flood model has been extended. We have now a “two-way coupled” hydraulic model, which extends along the Utuhina Stream, Otamatea Stream, and Mangakakahi Stream as shown in the figure below.

Figure 8: GUCM – Hydraulic Model Layout.

We also built a Non-Linear Reservoir (NLR) hydrological model that is been used to provide a range of design storms (present day and future climate) and as a Flood Forecasting tool.

Figure 9: GUCM NLR Hydrological Model Layout.

Together the hydrological and hydraulic models are called the Greater Utuhina Catchment Model. The modelling report is nearing completion and DHI have been commissioned to undertake further modelling for the flood risk mitigation optioneering phase. We will be working with Rotorua Lakes Council on possible solutions to achieve the 1% AEP level of service.

The model will also inform Rotorua Lakes Council on boundary conditions for their stormwater management. RLC have independently commissioned stormwater modelling to support their Comprehensive Stormwater Consent and Plan Change 2.

2.4.3 Ngongotahā Stream Flood Mitigation

Budget 2020/21: TBC (CIP funding up to $2,800,000)

This project involves implementing the recommendations of the independent review of the 29 April 2018 Ngongotahā River flood. A suite of options were developed and presented to the Ngongotahā Flood Review - Community Reference Group, following the analysis of outcomes from flood modelling work. The project team is currently engaging with landowners affected by the proposed solutions and developing cost estimates for those solutions.

The solutions involve civil works, upper catchment detention dams and the removal of at-risk trees. The tree clearing and erosion repairs are well underway in the upper and mid catchment. Consultants have been engaged for the design of the detention dams. We are currently scoping the detailed design of the southern bypass and return stopbank at Brake Rd.

2.4.4 Rotorua Streams Capacity Review

Budget 2020/21: Modelling $50,000

The purpose of this project is to undertake hydrological and hydraulic modelling of minor Rotorua streams to understand stream capacities and set future design levels. The programme for this year is to undertake modelling for the Puarenga and Waiowhero Streams.

Figure 10: Rotorua Lake Streams.

2.4.5 April 2017 Flood Repair Programme (Rivers and Drainage Team)

The flood recovery project is now in its last year of the estimated four year programme. Physical repair works have been steady across the programme as conditions and material availability have allowed.

• For the Kaituna Catchment Control Scheme, 36 sites from a total programme of 45 sites have been completed and the remaining sites are planned for completion over the next 6 months.

• Sections of river are re-inspected prior to developing the detailed work scope for each site and staff recently undertook a jet boat inspection of all remaining sites in the Kaituna programme. Due to the passage of time, high priority sites are showing increased levels of damage compared to initial assessments and estimates.

• The total cost of repairs in the Kaituna Catchment Control Scheme will exceed that originally estimated. The remaining work has been re-estimated based on actual costs to date and recent inspections. The cost of materials (rock supply and cartage) in Kaituna has been more expensive than was provided for in the original estimates and some repair works are more extensive than first identified. Where there were existing erosion control assets pre-flood, the costs will be mostly offset by insurance and central government recoveries.

• The images below are of Flood Repair site KT120 and indicative of most of the Flood Repair sites. This is 17km from the Kaituna River mouth, on the Kaituna right bank and opposite McMeeking Road.

Figure 11: Flood Repair site KT120 prior to works on 7 August 2020

Figure 12: Flood Repair site KT120 following works on 18 November 2020

3. Ngā Whakaarohanga
Considerations

3.1 Ngā Mōrea me Ngā Whakangāwaritanga
Risks and Mitigations

There are no significant risks associated with this matter.

3.2 Huringa Āhuarangi
Climate Change

The matters addressed in this report are of a procedural nature and there is no need to consider climate change impacts. Many of the ecological restoration works reported in this paper will have positive impacts on climate change for the region.

3.3 Ngā Pānga ki te Māori
Implications for Māori

This report provides an update on Operations. Many of these operations have been funded or developed in collaboration with Māori. Keeping Te Maru o Kaituna River Authority updated on the operations and plans of Council is a priority alongside our work with iwi and hapū.

3.4 Whakawhitiwhiti ā-Hapori
Community Engagement

This section is not relevant for this paper.

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

The operations outlined in this paper contribute directly to the achievement of Council’s vision and community outcomes.

3.6 Ngā Pānga ā-Pūtea
Financial Implications

There are no material unbudgeted financial implications and all projects and works fit within the allocated budget in the current annual plan.

4. Ngā Mahi Whai Ake
Next Steps

Further operational updates will be provided at future meetings.