Te Maru o Kaituna River Authority Informal Workshop Pack
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Te Maru o Kaituna River
Authority Informal
Workshop Pack
DATE: FRIDAY 27 AUGUST 2021
COMMENCING FOLLOWING THE FORMAL MEETING
(ANTICIPATED TO BE AT APPROXIMATELY 10.30AM)
VENUE: Council Chambers, Western Bay of Plenty
District Council, 1484 Cameron Road, Greerton,
Tauranga
If Covid Alert Levels are at 3 or 4, this workshop will be held via Zoom only.
Table of Contents
Informal Workshop Papers
1 Essential Freshwater Policy Programme: Tangata Whenua
Engagement and Freshwater Values 3
Attachment 1 - Summary of Engagement with Maori (April - July 2021) 12
Attachment 2 - MfE Te Mana o te Wai slide pack 22
Attachment 3 - Summary of KRD objectives and desired outcomes most
relevant to freshwater values 36
2 Presentation: Te Puke-Maketu Reserve Management Plan
Review
Presented by: Peter Watson and Matthew Leighton - WBOPDC
3 Te Tini a Tuna Action Plan Status Report 39
Attachment 1 - TMoK 2020-2022 Status Report 41
4 Resource Management and Three Waters Reforms 42
Attachment 1 - Three Waters Reform Programme - DIA Workshop
Engagement Summary Slide pack - March 2021 47
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Item 1
Informal Workshop Paper
To: Te Maru o Kaituna River Authority Workshop
27 August 2021
From: Jo Watts, Senior Planner (Water Policy) and Anaru Vercoe, Pou
Whainga - Principal Advisor
Namouta Poutasi, General Manager, Strategy & Science
Essential Freshwater Policy Programme: Tangata Whenua
Engagement and Freshwater Values
1. Purpose
This paper seeks Te Maru o Kaituna’s (TMoK’s) feedback on mahi Toi Moana regional
council staff have been working on since TMoK’s last hui which includes:
Engagement with tangata whenua in the freshwater regional plan review; and
Identifying freshwater values.
Both are part of the process to implement the National Policy Statement for
Freshwater Management 2020 (NPSFM) and reviewing the Regional Natural
Resources Plan (RNRP) collectively known as the Essential Freshwater Policy
Programme (EFPP).
2. Guidance Sought from TMoK
Guidance is sought from TMoK by:
1 Reviewing the existing freshwater values maps for the Kaituna co-governance
area and adding any missing values and environmental (or desired) outcomes
sought;
2 Identifying and recommending to Toi Moana specific locations where people
wish to swim (Kaituna River Document water quality and quantity desired
outcome);
3 Encouraging iwi, hapū and tangata whenua as well as the wider community
to be involved through the online Participate BOP freshwater values tools;
4 Encouraging and/or facilitating tangata whenua to take up opportunities
offered by Te Hononga; and
5 Providing direction on how TMoK seek to involved in the Essential Freshwater
Policy Programme.
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3. Tangata Whenua Freshwater Engagement
Item 1
The NPSFM sets out clear requirements to involve tangata whenua in the
management of freshwater. Engagement with tangata whenua is progressing in
accordance with Te Hononga - Toi Moana’s Māori engagement plan for implementing
the NPSFM and reviewing the RNRP.
Following the adoption of the BOPRC LTP 2021-2031, Toi Moana staff are assessing
readiness of iwi, hapū and other tangata whenua groups. A draft spectrum relating
to capability and capacity is being prepared. This will guide staff in determining
which groups need focussed financial support, particularly those that did not make
Long Term Plan (LTP) submissions. It is important to note “tangata whenua
readiness” cannot be based on whether or not a Treaty settlement is in play. Other
variables include: experience with policy and planning, particularly in the absence of
resource management units; familiarity with the government’s regulatory reforms;
geographical location; internal political dynamics; and the status of iwi planning
documents, to name but a few.
Te Hononga provides options for tangata whenua to consider how they would like
to be involved in the implementation of the NPSFM. Depending on capability and
capacity staff will work with groups to land on preferred approaches. As mentioned
above, an increase in the Māori Engagement budget has been approved to support
tangata whenua. However, we are also encouraging groups to seek support from
other funders to supplement the funding from Council.
Attachment 1 to this report provides a summary of engagement with Māori from
April – July 2021. Engagement most relevant to the Kaituna co-governance area has
been highlighted for TMoK’s information.
While Toi Moana staff continue engaging with tangata whenua on freshwater
management, the national regulatory reforms (e.g. replacement of the RMA and the
Three Waters review) are diverting tangata whenua attention away from
engagement on the NPSFM 2020.
Nationally, Te Mana o te Wai workshops for the Bay of Plenty region were held on
the 10th (for regional council staff) and 11th (for tangata whenua) August 2021 and
the preparation of mahinga kai guidelines will roll out shortly. A copy of the slide
from MfE’s Te Mana o te Wai workshop is attached - Attachment 2. MfE’s Te Mana o
te Wai factsheet is available from their website.
3.1 Ngā Kaitohutohu Advisory Group
To assist with the technical work, Toi Moana has established Ngā Kaitohutohu, an
advisory group involving individuals with substantial experience with RMA processes
and Te Ao Māori. They will provide advice and make recommendations to Toi Moana
staff on the policy provisions relating to kaupapa Māori implementation of the
NPSFM and review of the RNRP. This group does not impinge on the mana of hapū
and iwi. Its advice will guide staff on the appropriate planning tools to recognise
and provide for the contributions received from tangata whenua.
4. EFPP Engagement Timeline
To provide TMoK with further context, engagement with Māori will shortly be moving
into its second phase. The following table sets out the proposed broad timeframes
for community involvement from 2020 through to 2024, including tangata whenua
engagement.
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Toi Moana seeks to involve tangata whenua in early and ongoing discussions
Item 1
concerning mahinga kai, other Te Ao Māori values, vision and outcomes sought for
freshwater bodies, and options for achieving this. The actions listed, may be
amended as the work programme moves through the more substantive and specific
tasks for policy implementation.
Timing Objective
By the end of Tangata whenua, land and water users, the community and
2020 stakeholders in the region are alerted to, and have ready access
to information about:
(a) the new Government freshwater policies and regulations,
what they mean, and what they require Council to do;
(b) Toi Moana’s programme to review the RNRP and
implement the NPSFM and NESF requirements; and
(c) when and how they can be involved.
From 2021 to Tangata whenua, land and water users, the community and
the end of 2022 stakeholders in the region are provided with online opportunities
to provide feedback about key information and policy options as
they are developed.
Information updates, key messages and discussion can also be
provided/held at relevant community events Toi Moana staff
normally attend (e.g. focus catchment group meetings).
For example, this may include maps and explanation of FMUs, the
state and trends of freshwater bodies, options for draft visions for
FMUs, values in FMUs, draft environmental outcomes for FMUs.
Note that tangata whenua will be involved early in the
development of these.
In early 2023 Tangata whenua, land and water users, the community and other
stakeholders in the region are provided with fit for purpose
information about freshwater issues and policy options, advised
on when, where and how they can provide meaningful
feedback/advice in a manner appropriate to their preferences.
By September Tangata whenua, land and water users, the community and other
2023 stakeholders in the region are provided with active engagement
and feedback opportunities, so they can meaningfully contribute
advice about the policy shifts and draft content for RPS and RNRP
changes. Their views are authentically heard and considered.
By July 2024 Tangata whenua, land and water users, the community and other
stakeholders in the region are informed about:
(a) how their feedback was considered and how it influenced
decisions;
(b) how the proposed plan changes will affect them, what they
must do and where to get help; and
(c) when and how they can make a submission on the proposed
plan changes.
The key message for members is that Māori engagement is a continuous process
throughout the policy programme through to 2024. A process for involvement
confirmed by the TMoK should take this into account.
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5. Freshwater Values
Item 1
Identifying freshwater values is one of the steps of the National Objective Framework
(NOF) which is the process the NPSFM requires each regional council to follow and
engage with tangata whenua and communities on.
Steps in the National Objectives Framework
The NPSFM, sets out how freshwater needs to be managed. It identities 13 national
values that may apply to a freshwater body (in addition, Toi Moana have identified
one regional value - geothermal warm water).
To keep things easy for this early part of the feedback process we’ve grouped these
14 freshwater values into eight freshwater value categories.
Recreation I value this freshwater area as I swim, ski or boat here
Natural beauty I value this freshwater area for its natural beauty
Kai/food source I value this freshwater area as I gather kai (food) here
Ecosystems I value this freshwater area as it sustains a healthy ecosystem
Economic I value this freshwater area as it supports my business or farm
Cultural I value this freshwater area for its cultural significance
Geothermal I value this freshwater area for its heat
Understanding these values and the community and tangata whenua future
aspirations for our waterways will help us develop clear objectives, measurable
targets and rules to help ensure they are protected. For example, if a stream is valued
for its swimability, the outcome we want is for people to be able to swim without
getting sick. To achieve that outcome we will need to set targets for E.coli and
cyanobacteria and methods to achieve reductions where required.
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5.1 Public Online Freshwater Values Engagement
Item 1
Toi Moana have kicked off our early freshwater online engagement. We are currently
asking the public for feedback on which rivers, wetlands and lakes in our region are
important and why. We encourage TMoK members to socialise this opportunity with
their iwi, hapu, tangata whenua, Council organisations and members of the wider
community who care about freshwater. At the workshop we will checkout the pages
on Participate BOP – Mapping our treasured freshwater sites via the Bay of Plenty
Regional / have your say website.
5.2 Ngā Taonga Wai Māori – Māori Freshwater Values Engagement
We are also currently asking for feedback from iwi, hapū and tangata whenua,
through a dedicated page (as opposed to public) set up on Participate BOP.
This page has been set up for tangata whenua to allow opportunities to contribute
to cultural values and environmental outcomes relating to their experiences and
knowledge by identifying and mapping their values for Ngā Taonga Wai Māori. Here
Māori are be able to share stories and/or photos of areas significant to them, identify
areas where they gather kai, share ngā kōrero o neherā and describe how they fish
from ngā taonga wai Māori. This could also include areas of importance for tohi
(ceremonial practices) or areas where they may gather rongoā or harakeke.
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Item 1
5.3 Review freshwater values already mapped
The mahi TMoK undertook to create and approve Kaituna, he taonga tuku iho (the
Kaituna River Document (KRD)) combined with Toi Moana’s previous ‘Plan Change
12 – Kaituna River’ work, alongside regular monitoring means we already have a
good understanding of the health of waterways in the Kaituna co-govenance area.
Toi Moana staff have reviewed existing documents including iwi and hapū
management plans and have a good knowledge of which waterbodies are important
to tangata whenua and the wider community.
However, we do want to ensure we’re on the right track and haven’t missed anything.
Understanding more fully the community and tangata whenua freshwater values and
aspirations will help us get the rules right for our region.
Visitors to the webpage can review the base layer of values which we are
encouraging people to add to through the ‘Freshwater Values’ page on Participate.
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5.3.1 Add new values / markers to the map
Item 1
The Participate BOP tool provides the opportunity to add a marker to a location on
the map and choose a category that best identifies why they value a freshwater site.
Participants will be asked to tell us in the comments box what is important to them
about this spot and how happy they are with its current state. At the workshop we
will checkout existing values and provide the opportunity to add new markers or
values on either the public or tangata whenua pages.
5.3.2 Next steps for freshwater values work
Stage 1 (now) Collate existing information about freshwater
Gather and map important values and build on this picture through
freshwater sites tangata whenua and community feedback.
Stage 2 Set out how water bodies should be in the
Draft vision statements for each future. These would maintain or improve key
draft Freshwater Management values already identified. Involve tangata
Unit whenua and seek community input and
feedback.
Stage 3 Work up some options for measurable water
Set measurable targets quality targets, limits, rules and methods. Carry
out extensive tangata whenua and community
feedback (2023).
6. Alignment with Kaituna, he taonga tuku iho
As outlined in the last ‘Freshwater paper’, implementing the NPSFM for the Kaituna
aligns closely with ensuring Kaituna, he taonga tuku iho – a treasure handed down
(the Kaituna River Document (KRD)) is recognised and provided for appropriately,
in both the RPS & RNRP.
The KRD sets the above aspirational vision and contains eight objectives and
associated desired outcomes under each of the five themes which are outlined in the
summary:
• Ngā Piringa me ngā Herenga - Iwi Relationships with the River – Obj 1 & 2
• Te Mauri me te Rēto o te Wai - Water Quality and Quantity – Obj 3, 4 & 5
• Mahinga Whenua - Land Use – Obj 6
• Te Oranga o Te Pūnaha-hauropi - Ecosystem Health – Obj 7
• Ngā Herenga o Te Maru o Kaituna - TMoK Collaboration with Iwi and the
Community– Obj 8
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Item 1
As noted above, the vision, objectives and desired outcomes in the river document
must be recognised and provided for when amending the RPS & RNRP. This will be
critical to the success of freshwater changes. The KRD vision is likely to be the
starting point to inform the long-term vision for the Kaituna (FMU). The NPSFM does
not override any Treaty participation legislation, and any draft policy provisions
developed by Toi Moana must ensure that in the case of the KRD, they complement
its vision, objectives and desired outcomes endorsed by TMoK.
Attachment 3 summarises KRD objectives and desired outcomes most relevant to
implementing the NPSFM and in particular identifying freshwater values.
6.1 TMoK recommendation of specific locations for swimming
As outlined in Attachment 2, one of the water quality and quantity desired outcomes
in Kaituna, he taonga tuku iho requires specific locations where people wish to swim
to be identified and recommended by TMoK (to Toi Moana).
This information will be used to inform decisions on primary contact sites and
monitoring needs for the Kaituna co-governance area. Primary contact sites are the
spots that are regularly used (or would be regularly used if the water quality was
suitable) for freshwater recreational activities – such as swimming, paddling, boating
or water sports where people are likely to put their head under water.
Both TMoK and Toi Moana have collected data on recreation sites in the past (as part
of developing and approving the KRD, and also as part of Plan Change 12. These
spots are identified on the map already. At the workshop we will review existing
‘swimming’ maps, add or subtract locations from them to ‘land’ on specific swimming
spots TMoK may recommend to Toi Moana.
7. TMoK’s Next Steps
TMoK’s next steps may include:
1. Finalising TMoK’s recommended swimming locations and providing these to
Toi Moana;
2. Providing direction on how TMoK seek to be involved in the EFPP and build
any actions into TMoK’s work programme.
Examples:
(a) aligning the Pataka Kai project objectives / stages so relevant parts can
directly input into the EFPP; or
(b) Facilitating tangata whenua involvement in field trip(s) to explore the
mauri of the wai / Māori freshwater values.
Attachments
Attachment 1 - Summary of Engagement with Maori (April - July 2021) ⇩
Attachment 2 - MfE Te Mana o te Wai slide pack ⇩
Attachment 3 - Summary of KRD objectives and desired outcomes most relevant to
freshwater values ⇩
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INFOCOUNCIL ID: 38Item 3
Informal Workshop Paper
To: Te Maru o Kaituna River Authority Workshop
27 August 2021
From: Pim De Monchy, Coastal Catchments Manager and Fiona Wood,
Programme Coordinator Integrated Catchments
Chris Ingle, General Manager, Integrated Catchments
Te Tini a Tuna Action Plan Status Report
1. Purpose
The purpose of the workshop paper is to consider and provide feedback on:
1. An initial draft version of the proposed Te Tini a Tuna Action Plan Status Report.
2. Guidance Sought from Councillors
Seek approval and direction on the following:
Layout and the level of detail per project.
Include other works being undertaken within the river catchment?
What is missing from the draft proposed version?
Formalising the work stream leads per project and the process for delivery on
reporting timeframes.
Feedback on the matters above will inform a discussion about the level of
programme coordination required to achieve it, and whether this could or should be
provided by the proposed new ‘Co-governance Secretariat’ or by Regional Council
staff. It will also provide guidance to members and their staff on the amount of work
required by each member organisation to keep an appropriate focus on the action
plan and its implementation.
3. Discussion
3.1 Te Tini a Tuna Action Plan Status Report
As outlined within the Te Tini a Tuna Action Plan, for the Action Plan to be effective,
it will rely on active implementation of projects and providing meaningful updates
on progress to Te Maru o Kaituna River Authority members and the wider
community.
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A coordinated approach to obtain regular updates for each project needs to be put
Item 3
in place. Ideally there would one work stream lead per project that would be
contacted on a quarterly basis to provide a Status Report for each quarterly Te Maru
o Kaituna Hui.
The attached draft proposed Status Report has been created to begin discussions
on what the members require from this reporting against each of the projects within
the Action Plan.
Next Steps
Implement the feedback received from the members of Te Maru o Kaituna River
Authority and have a working version in place and on the agenda for the
19 November Hui.
Attachments
Attachment 1 - TMoK 2020-2022 Status Report ⇩
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Item 3, Attachment 1
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Informal Workshop Paper
To: Te Maru o Kaituna River Authority Workshop
27 August 2021
From: Jo Watts, Senior Planner (Water Policy)
Namouta Poutasi, General Manager, Strategy & Science
Resource Management and Three Waters Reforms
1. Purpose
This report provides a high-level overview of the current Resource Management and
Three Waters reforms, timing and consultation for TMoK members’ information only.
It also provides links to relevant government websites and workshop presentations
which some TMoK members may have attended.
The workshop will provide time for TMoK members and invitees to have a kōrero
about relevant matters which may include:
Treaty settlement and co-governance implications;
Impacts of legislation reform on TMoK mahi (if any) and strategic planning;
Consideration of how and to what extent TMoK wish to be involved in
Resource Management (RM) and Three Waters reforms as they relate to their
role and the Kaituna River co –governance area.
2. Resource Management Reform
2.1 Natural and Built Environments Act: Exposure Draft
The Government's reform of the resource management system is continuing to
progress at pace. The reform is based on the comprehensive review of the resource
management system released last year. The changes are the most significant, broad-
ranging and inclusive review of the resource management system since the Resource
Management Act 1991 (RMA) was enacted. Reforms will repeal the RMA and replace
it with three new pieces of legislation.
The Natural and Built Environments Act (NBA) is the core piece of legislation to
replace the RMA. An exposure draft was released for public submission in June. Like
the RMA, the NBA will be an integrated statute for land use and environmental
protection. In addition, the NBA is intended to work in tandem with the proposed
Strategic Planning Act (SPA) and Climate Adaptation Act (CAA).
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The NBA exposure draft provided an early look at key aspects of this legislation
Item 4,
including:
Its purpose (including Te Tiriti o Waitangi clause) and related provisions
the National Planning Framework and NBA plans.
4 Attachment 1
The NBA seeks to improve the recognition of Te Ao Māori and Te Tiriti o Waitangi
by including reference to Te Oranga o te Taiao in the Act's purpose. This concept is
intended to encapsulate the intergenerational importance of the health and
wellbeing of the natural environment. In addition, decision-makers would be
required 'to give effect to' the principles of Te Tiriti, strengthening the current RMA
requirement to 'take into account' those principles.
Under the NBA, Central government’s proposed new National Planning Framework
will provide a set of mandatory national policies and standards on specified aspects
of the new system. These will include natural environmental limits, outcomes and
targets, similar to those put in place for freshwater under the National Policy
Statement for Freshwater Management.
Local government across New Zealand’s 14 regions must work collaboratively and
with iwi to provide a single ‘combined plan’. This single combined plan will cover all
current RMA policy statements and plans (including for the coastal marine area) and
must be consistent with the National Planning Framework and spatial strategy. These
are provisionally being called ‘Natural and Built Environments Plans’. The number of
resource management plans in New Zealand will be reduced from over 100 existing
district and regional plans and policy statements to about 14, over time.
The intention is for communities to work together to produce one mandatory Natural
and Built Environments Plan (NBA plan) for each region. Having one plan per region
that covers resource use, allocation and land-use management will better integrate
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plan provisions, contributing to a more cohesive management of the natural and
Item 4,
built environment.
2.2 How Treaty Settlements connected to the RMA will be managed
4 Attachment 1
The RMA interfaces with over 60 pieces of Treaty settlement legislation. When
setting the scope for the RM Panel's Review, Cabinet noted that Treaty settlements
that include provision for co-governance entities, statutory documents such as river
documents and iwi engagement in aspects of the resource management system will
be carried over into the new system.
Central government acknowledges engagement with Māori will help ensure reform
avoids unintended consequences for, and upholds the integrity of natural resource
arrangements agreed by Māori and the Crown, or the subject of current Treaty
settlement negotiations. This includes:
rights recognised under the Marine and Coastal Area (Takutai Moana) Act
2011 and Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.
natural resource arrangements agreed by Māori and local government under
existing provisions of the RMA, such as transfers of powers or Mana
Whakahono a Rohe (if any).
To ensure this, the Crown is engaging with affected post-settlement governance
entities to discuss how their settlement arrangements will be carried over into a new
system.
2.2.1 What happens to the current system under the RMA in the meantime
The RMA continues to remain in force until new legislation comes into effect. There
will be transitional provisions in the new legislation. These will ensure decisions can
continue to be made on plans and resource consents, and national direction
continues being implemented, until new system replacements are developed. These
provisions will provide clarity on what needs to be transitioned, when this needs to
occur, and the mechanisms for doing so.
As the process for establishing the new system is likely to span a number of years,
there are risks of poor outcomes in the interim if councils do not continue to
implement RMA national direction and perform key statutory processes. In this
regard, Toi Moana will continue to maintain the significant effort currently being
made implementing key priority areas such as freshwater management (including
recognising and providing for Kaituna, he taonga tuku iho in the Regional Policy
Statement), urban development and reviewing the Regional Natural Resources Plan.
There has been clear direction from Central Government that Councils need to
continue to deliver their RMA responsibilities particularly as they relate to
freshwater.
2.2.2 Indicative Timeline
Public submissions on the Exposure Draft closed on 4th August 2021. The Select
Committee is now working through submissions and examining the draft legislation
against these. The Select Committee will then report its findings to Parliament which
will inform further policy development on the reform.
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Find out more about the RM reformson the Ministry for the Environment’s website.
Item 4,
Further information on the resource management system reforms is also available
here.
4 Attachment 1
3. Three Waters Reform Update
In July 2020, the Government launched the Three Waters Reform Programme – this
is a three-year programme to reform local government three waters service delivery
arrangements. The work programme has a specific focus on wastewater, stormwater
and drinking water infrastructure.
Currently, 67 different district and unitary councils own and operate the majority of
the drinking water, wastewater and stormwater facilities and services across New
Zealand. The local Government sector is facing urgent challenges in providing these
services, including funding infrastructure deficits, complying with safety standards
and environmental expectations, building resilience to natural hazards and climate
change into three waters networks, and supporting growth.
Rather than piecemeal solutions, comprehensive, system-wide reform is needed to
achieve lasting benefits for local Government, communities, and the environment.
The reform programme is being progressed through a voluntary, partnership-based
approach with the local government sector, alongside iwi/Māori as the Crown's
Treaty Partner. Once Government has decided the details of the new arrangements,
Councils who own and operate three waters facilities will need to decide whether or
not to be part of the three waters services model. Councils must consult with their
communities before making a decision.
3.1.1 Regional Council’s role
Toi Moana has been working with 16 other councils across Waikato and the Bay of
Plenty to understand and prepare for the change. Toi Moana does not own or
operate any infrastructure relating to three waters, our role involves processing and
compliance monitoring of resource consent applications from district councils to
take water, discharge stormwater and wastewater associated with three waters
infrastructure. Toi Moana supports the changes and considers this will make our
regulatory function easier to implement.
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3.1.2 Find out more
Item 4,
Find out more about the Government's Three Waters reform on the Department of
Internal Affairs website. A copy of the Three Waters Reform Programme –
Department of Internal Affairs Workshop Engagement Summary Slide pack – March
4 Attachment 1
2021 is attached for TMoK’s information. The dashboard for each region can be
viewed here.
4. Freshwater Farm Plan Consultation
The consultation documents for freshwater farm plans and stock exclusion low slope
maps were released in July. These are part of the Government's Essential Freshwater
package. Public consultation with farmers, agricultural sector groups, iwi Māori,
councils, and environmental groups will run from 26 July - 12 September.
Freshwater farm plans are a crucial tool in implementing the Government's Essential
Freshwater package. The consultation document seeks feedback on options that will
inform the development of freshwater farm plan regulations under part 9A of the
Resource Management Amendment Act 2020. Section 2.5 of the discussion
document relates to the role of Tangata whenua in the planning process.
Public submissions close 12 September 2021, and can be made via the online
submission tool or by contacting freshwaterfarmplans@mfe.govt.nz. Find out more
about the on the Ministry for the Environment’s website.
Attachments
Attachment 1 - Three Waters Reform Programme - DIA Workshop Engagement Summary
Slide pack - March 2021 ⇩
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