Rotorua Te Arawa Lakes Strategy Group Will Be Held in the Council Chamber, Rotorua Lakes Council, Civic Administration Building, 1061 Haupapa Street, Rotorua On

Rotorua Te Arawa Lakes

Strategy Group

NOTICE IS GIVEN that the next meeting of the Rotorua Te Arawa Lakes Strategy Group will be held in The Council Chamber, Rotorua Lakes Council, Civic Administration Building, 1061 Haupapa Street, Rotorua on:

Friday, 10 March 2017 commencing at 10.00 am.

Mary-Anne Macleod Chief Executive Bay of Plenty Regional Council Toi Moana 3 March 2017

Rotorua Te Arawa Lakes Strategy Group Terms of Reference Interpretation In these Terms of Reference:

“Organisations” means the Te Arawa Lakes Trust, the Rotorua District Council and the Bay of Plenty Regional Council.

“Rotorua Lakes” means Lakes Rotorua, Rotoiti, Rotoehu, Rotoma, Okataina, Tikitapu, Okareka, Tarawera, Rotomahana, Rerewhakaaitu, Okaro and Rotokakahi.

“Group” means the Rotorua Te Arawa Lakes Strategy Group, formed as a Joint Committee under Clause 30 of Schedule 7 of the Local Government Act 2002. Purpose The purpose of the Group is to contribute to the promotion of the sustainable management of the Rotorua Lakes and their catchments, for the use and enjoyment of present and future generations, while recognising and providing for the traditional relationship of Te Arawa with their ancestral lakes. Membership Six members:

• The Chairperson of the Te Arawa Lakes Trust and one other senior representative; • The Mayor and one other elected representative of the Rotorua Lakes Council; • The Chairperson and one other elected representative of the Bay of Plenty Regional Council. Quorum As per clause 3.1 of the RLSG Agreement (dated 8 October 2004), the ordinary quorum for a meeting of the Group will be one member from each of the Organisations. Group Chairperson The Group has agreed to rotate its Chairperson on an annual basis. Term of the Committee This is a permanent joint committee under the Te Arawa Lakes Settlement Act 2006. The Te Arawa Lakes Deed of Settlement (December 2004) included clauses establishing the Group (Cultural Redress: Lakes Management and Relationships, clauses 9.1 to 9.3). The Terms of Reference for the Group come from a signed agreement between the three parties (dated 8 October 2004) and included in Part 1 of the Relationship Schedule to the Deed of Settlement.

BOPRC ID: A2460610 Page 3 of 172 Specific Responsibilities and Delegated Functions The Group will have the following functions:

• The provision of leadership to the Organisations and the community in relation to implementation of the Vision of the Strategy for the Lakes of the Rotorua district 2000. • The identification significant existing and emerging issues affecting the Rotorua Lakes. • The preparation, approving, monitoring, evaluation and review agreements, policies and strategies to achieve integrated outcomes for the Rotorua Lakes. • The identification, monitoring and evaluation of necessary actions by the organisations and other relevant organisations. • The receiving of reports on activities being undertaken by the organisations and other relevant organisations. • Involvement during the preparation of statutory plans in relation to significant issues. Such plans include but are not limited to iwi and hapū management plans, district and regional plans, reserve management plans and annual plans. • Involvement in applications for activities in relation to significant issues not addressed by existing policies of the co-management partners. Such activities include but are not limited to resource consents, designations, heritage orders, water conservation orders, restricting access to the lakes (during special events or in particular circumstances), and transferring and/or delegating of statutory authority.

Note:

The Rotorua Te Arawa Lakes Strategy Group reports directly to the Regional Council.

BOPRC ID: A2460610 Page 4 of 172 Public Forum

1. A period of up to 15 minutes may be set aside near the beginning of the meeting to enable members of the public to make statements about any matter on the agenda of that meeting which is open to the public, but excluding any matter on which comment could prejudice any specified statutory process the council is required to follow. 2. The time allowed for each speaker will normally be up to 5 minutes but will be up to the discretion of the chair. A maximum of 3 public participants will be allowed per meeting. 3. No statements by public participants to the Council shall be allowed unless a written, electronic or oral application has been received by the Chief Executive (Governance Team) by 12.00 noon of the working day prior to the meeting and the Chair’s approval has subsequently been obtained. The application shall include the following: name of participant;

organisation represented (if any);

meeting at which they wish to participate; and matter on the agenda to be addressed.

4. Members of the meeting may put questions to any public participants, relevant to the matter being raised through the chair. Any questions must be asked and answered within the time period given to a public participant. The chair shall determine the number of questions.

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Page 6 of 172 Membership

Chairperson: Sir T Curtis (Chairman, Te Arawa Lakes Trust)

Deputy Chairperson: Mayor S Chadwick (Rotorua Lakes Council)

Appointees: Deputy Mayor D Donaldson (Alternate, Rotorua Lakes Council), W Emery (Te Arawa Lakes Trust), Councillor K Hunt (Rotorua Lakes Council), Chairman D Leeder (Bay of Plenty Regional Council), Councillor T Marr (Alternate, Bay of Plenty Regional Council), L Ngawhika (Deputy Chair, Te Arawa Lakes Trust), Councillor K Winters (Bay of Plenty Regional Council)

Attendees: S Lewis (Director Operations, Ministry for the Environment)

Committee Advisor: R Garrett

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

1 Opening Karakia 2 Apologies 3 General Business and Tabled Items

Items not on the agenda for the meeting require a resolution under section 46A of the Local Government Official Information and Meetings Act 1987 stating the reasons why the item was not on the agenda and why it cannot be delayed until a subsequent meeting. 4 Public Forum 5 Declarations of Conflicts of Interests 6 Previous Minutes

6.1 Rotorua Te Arawa Lakes Strategy Group minutes - 20 December 2016 13 7 Reports

7.1 Appointment of Chairperson, Deputy Chairperson and other Meeting Matters 23

APPENDIX 1 - 2016-2019 Rotorua Te Arawa Lakes Strategy Group Terms of Reference 29

Page 7 of 172 APPENDIX 2 - ADOPTED 2016-19 BOPRC Standing Orders 33

7.2 Rotorua Te Arawa Lakes Programme - Status Report 89

APPENDIX 1 - Te Arawa Rotorua Lakes Programme Dashboard 93

APPENDIX 2 - CR056 Tikitere Nitrogen Reduction Project 97

7.3 Te Arawa Lakes Trust verbal update

7.4 Update on Lake Rotorua Incentives Board Activities 103

7.5 Rotorua Lakes Council Update Report to Rotorua Te Arawa Lakes Strategy Group 107

7.6 Rotorua Te Arawa Lakes Programme - 6 Month Report (2016-2017) 111

APPENDIX 1 - 2016 - 2017 Rotorua Te Arawa Lakes Programme (RTALP) 6 Monthly Report 113

7.7 Disposal of Treated Wastewater: Position Statement from TAG and Proposed Nutrient Accounting approach for Rotorua City 153

APPENDIX 1 - Position Statement on Land Disposal of Treated Wastewater Version9 155

APPENDIX 2 - Proposed nutrient accounting approach for the Rotorua Wastewater Treatment Plant 163 8 Public Excluded Section 173

Resolution to exclude the public

THAT the public be excluded from the following parts of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

8.1 Public Excluded Rotorua Te Arawa Lakes Strategy Group minutes - 20 December 2016 175

Grounds

That the public conduct of the whole or relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

Reason

Please refer to the relevant clause in the meeting minutes. 9 Confidential business to be transferred into the open 10 Readmit the public

Page 8 of 172 11 Consideration of General Business 12 Closing Karakia

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Page 10 of 172

Previous Minutes

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Page 12 of 172 Minutes of the Rotorua Te Arawa Lakes Strategy Group Meeting held in The Council Chamber, Rotorua Lakes Council, Civic Administration Building, 1061 Haupapa Street, Rotorua on Tuesday, 20 December 2016 commencing at 10.30 a.m.

Click h ere to enter text. Present:

Chairman: Sir T Curtis (Chairman, Te Arawa Lakes Trust)

Deputy Chairman: Mayor S Chadwick (Rotorua Lakes Council)

Appointees: W Emery (Te Arawa Lakes Trust), Councillor K Hunt (Rotorua Lakes Council), Chairman D Leeder (Bay of Plenty Regional Council), Councillor K Winters (Bay of Plenty Regional Council)

In Attendance: Te Arawa Lakes Trust: R Mihinui; Rotorua Lakes Council: G Williams (Chief Executive); Ministry for the Environment: S Lewis; D Atkinson (Chairman, Lake Water Quality Society); G Dohnt (Lake Rotoehu Water); C Sutton (Project Rerewhakaaitu Inc.); T White (Lake Rotorua Incentives Board); Dr T Kingi (Chairman, Lake Rotorua Stakeholder Advisory Group); Bay of Plenty Regional Council: Councillor N Bruning; A Bruere (Lakes Operations Manager), A Grayling (Principal Advisor, Rotorua Catchments), C Ingle (General Manager Integrated Catchments), F McTavish (Group Manager Strategy & Science), H Ngatai (Marketing and Communications Advisor), L Mason (Integrated Catchments Programme Manager), L Goldsmith (Rotorua Catchments Manager), R Garrett (Committee Advisor)

Apologies: Nil.

1 Welcome

The Chair welcomed new member Councillor Kevin Winters and acknowledged the recent passing of Awanui Black, noting his contribution to the Bay of Plenty community, his leadership role within iwi and his work as a Bay of Plenty Regional Councillor. W Emery then opened the meeting with a karakia.

2 General Business and Tabled Items

Resolved

That pursuant to section 46A of the Local Government Official Information and Meetings Act 1987 the following items be considered at this meeting:

1 Chairmanship: the meeting agreed that Sir Toby Curtis would remain in the chair for the meeting, with the formal appointment of the Chairman to be considered at the next meeting of the Committee.

Chadwick/Leeder CARRIED

Page 13 of 172 1 Rotorua Te Arawa Lakes Strategy Group Tuesday, 20 December 2016

3 Public Forum

The Chairman invited Mr Chris Sutton, Chairman of Project Rerewhakaaitu Inc, to speak to the meeting.

Refer Tabled Document 1: Project Rerewhakaaitu report to Rotorua Te Arawa Lakes Strategy Group meeting 20/12/16; Objective ID A2520651; and Tabled Document 2: Project Rerewhakaaitu: Waimangu & Rerewhakaaitu communities working with Councils and Te Arawa; Objective ID A2537979.

Mayor Chadwick acknowledged Mr Sutton’s recent success in being appointed to Rotorua Lakes Council Rural Community Board.

Mr Sutton presented his report summarising achievements and challenges for Project Rerewhakaaitu during 2016, noting the delay in obtaining scientific information during the year and some misunderstanding around the wording of the proposal regarding farm plans agreed between Project Rerewhakaaitu members and the Bay of Plenty Regional Council. Mr Sutton also expressed concern about the need to replace current farm nutrient management plans and the expense this could incur, noting that part of the Rerewhakaaitu community is in the upper river catchment, not the lakes catchment, and do not have plans; and that there may be a need to consider reorganising available funding.

In response to a question from a member, Mr Sutton noted that there were similar groups operating all over the country, and extending the Project Rerewhakaaitu model into other lake catchments was being looked at.

Members acknowledged the significant contribution made by Rerewhakaaitu farmers through their participation in this totally voluntary group. The Chairman thanked Mr Sutton for his presentation and noted that the suggestion for a funding reshuffle would be considered and feedback provided at the next Group meeting.

4 Declaration of conflicts of interest

Nil.

5 Rotorua Te Arawa Lakes Strategy Group minutes - 30 August 2016

Resolved

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Confirms the minutes of the Rotorua Te Arawa Lakes Strategy Group meeting held 30 August 2016

Chadwick/Hunt CARRIED

A2520947 Page 14 of 172 2 Rotorua Te Arawa Lakes Strategy Group Tuesday, 20 December 2016

6 Reports

6.1 Rotorua Te Arawa Lakes Programme - Status Report

Lake Operations Manager Andy Bruere spoke to this report which updated members on progress made in the Te Arawa Lakes Programme since the previous Strategy Group meeting. Mr Bruere drew members’ attention to Paragraph 2.6 of the report, Lake Rotoehu Restoration Projects, noting that this section was in response to questions asked at the last Strategy Group meeting regarding the timeframe for transition from short term to long term interventions. Mr Bruere explained that due to the complexity of variables and research involved, there was too much uncertainty to be able to give definitive predictions around the timeframe of the interventions; and emphasised the need to think long term as the key factor of sustainable land use change will take decades to impact on lake water quality. He also noted that one size does not fit all – an intervention successful and appropriate in one lake may not be so for another lake.

A member asked for an update on the Tikitere diversion; Mr Bruere responded that construction is scheduled to occur in 2018/19, with the detailed design work to take place in 2017.

A member asked how quickly the Regional Council could respond if there was an extraordinary event of lake weed in Rotoehu; staff were not sure, noting such any response could not conflict with other weed harvesting obligations.

A member asked for clarification around Paragraph 2.3 of the report, Lake Rotorua Incentives Board, regarding the status of the Board as a Council Committee rather than a Council Controlled Organisation (CCO). Staff confirmed the Board’s status as a committee of Council, noting that two new members had been appointed, and that recent amendments to the Board’s Terms of Reference included an annual review clause and the addition of consideration of economic impact. Resolved

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, Rotorua Te Arawa Lakes Programme - Status Report;

Hunt/Winters CARRIED

6.2 Low Nitrogen Land Use Fund - 2017

Refer Powerpoint presentation: Objective ID A2538149

Principal Advisor Rotorua Catchments Ms Anna Grayling presented this report which sought approval for the operational approach outlined and recommended for the Low Nitrogen Land Fund in 2017. Ms Grayling acknowledged the assistance of Te Arawa Lakes Trust and Rotorua Lakes Council in compiling the presentation.

Ms Grayling summarised funding objectives and progress on applications received to date; and then outlined the approach recommended to be taken for the Fund in 2017. Key recommendations included a hiatus being taken in 2017 with no major funding round undertaken; and the delegation to the Partnership Steering Group to approve minor Fund projects which build on existing initiatives, to the value of $200,000.

A2520947 Page 15 of 172 3 Rotorua Te Arawa Lakes Strategy Group Tuesday, 20 December 2016

Members asked questions of clarification regarding existing and potential projects, and possible funding sources. The Ministry for the Environment representative noted that the Ministry had been working with the Ministry for Primary Industries and the Department of Conservation examining how people might be able to access a broader range of project funding and the possibility of joint agency funding for biodiversity projects.

General Manager Integrated Catchments Chris Ingle acknowledged Ms Grayling for her excellent work. Mr Ingle also introduced Ms Linda Goldsmith who would be in the role of Rotorua Catchments Manager while Ms Helen Creagh was away on parental leave.

Resolved

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, Low Nitrogen Land Use Fund - 2017;

2 Supports funding minor projects in 2017 to the value of $200,000.

3 Delegates responsibility to the Partnership Steering Group to procure and approve Low Nitrogen Land Use Fund projects in 2017 to the value of $200,000.

4 Notes that the Partnership Steering Group can consider additional projects on their merits throughout 2017 and make recommendations back to the Rotorua Te Arawa Lakes Strategy Group if required.

Leeder/Winters CARRIED

6.3 Lake Rotorua Incentives Board: Rotorua Te Arawa Lakes report 20 December 2016

Lake Rotorua Incentives Board Programme Director Te Taru White spoke to this report which updated members on Incentives Board activities since the previous Strategy Group meeting. Mr White introduced newly appointed Incentives Board Chairman, Regional Councillor Norm Bruning. Councillor Bruning thanked the Strategy Group for the invitation to attend the meeting and spoke briefly about the purpose and function of the Incentives Board, noting that after a comprehensive selection process, two new directors had recently been appointed to the Board, Ms Elizabeth Hughes and Councillor Kevin Winters.

Mr White acknowledged the work of past Incentives Board Chair Judith Stanway, and noted that the re-establishment of the Board after the triennial elections had also involved amendments to its Terms of Reference, which now included the consideration of economic impact and the inclusion of phosphorus.

Mr White informed members that the Board was currently in negotiation for two small and one larger deal; with one of the small deals likely to be signed before the end of the year. He noted that even a relatively small deal takes considerable work, using the same template as a large agreement; and that an Expressions of Interest process has been developed as a more efficient way to manage small applications. Mr White also noted the impact the uncertainty around proposed Plan Change 10 was having on landowners and that interest in the Incentives Scheme was expected to increase once the Plan Change was confirmed.

A2520947 Page 16 of 172 4 Rotorua Te Arawa Lakes Strategy Group Tuesday, 20 December 2016

A member stated that there were still concerns about the structure of the Incentives Board, its administrative costs and whether it is the best method to achieve the target; and noted the need for a review of the Board at the end of the financial year. The Chairman requested that a letter of thanks be sent to the previous Incentives Board Chair Judith Stanway from the Strategy Group.

Resolved

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, LRIB Rotorua Te Arawa Lakes report 20 December 2016

Emery/Hunt CARRIED

6.4 Terms of Reference for Te Arawa Mana Whenua Group December 2016

Te Arawa Primary Sector Group Chairman Dr Tanira Kingi spoke to this report, supported by Mr Roko Mihinui from the Te Arawa Lakes Trust (TALT). Dr Kingi outlined the purpose and background to the formation of the Te Arawa Mana Whenua Group (TAMWG), noting it was a joint initiative between Te Arawa Primary Sector Group and Te Arawa Lakes Trust which would provide a mechanism for landowners within Te Arawa to engage with the Strategy Group and its partners on relevant issues. Dr Kingi explained that the establishment of the TAMWG was an opportunity to provide a more substantial framework for Te Arawa landowners to engage in a purposeful way with policy and plan changes as currently many Te Arawa landowners – particularly small landowners – do not engage.

A member asked for clarification about the role of TAMWG, particularly around how it interfaces with TALT and other Te Arawa groups. Dr Kingi explained that while TALT had a clear role to represent Te Arawa interests in the lakes, no existing group had a mandate to speak for landowners, and noted that landowners may not always hold the same view as TALT on specific issues. He considered that although its role was partly to inform TALT, TAMWG itself should be represented wherever land owning representation was requested and relevant.

A member considered that currently there was no clear way for iwi landowners with little knowledge to access planning and policy processes and that this framework could enable collective responses from small landowners with lack of experience in these processes.

Members expressed reservations about supporting the formation of TAMWG until they had had the opportunity to consult with the Te Arawa groups that their appointing organisations already had ongoing relationships with, to ensure the interface between the various groups was clearly understood. The Chairman suggested that the report be held over and presented again at the next Strategy Group meeting.

Resolved

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Defers receiving the report, Terms of Reference for Te Arawa Mana Whenua Group December 2016, until its first meeting in 2017;

A2520947 Page 17 of 172 5 Rotorua Te Arawa Lakes Strategy Group Tuesday, 20 December 2016

Curtis/Chadwick CARRIED

6.5 Te Arawa Lakes Trust update

TALT Strategic Manager Environment and Freshwater Mr Roko Mihinui provided this report, which updated members on TALT activities since the last Strategy Group meeting. Mr Mihinui outlined the joint research initiative with Ministry for the Environment scientists which involved working with Te Arawa students to establish a cultural monitoring programme and data management system which can be incorporated into the resource consent process; this programme will lead to an NCEA qualification for the students involved.

Mr Mihinui informed members that due to restructuring within the Ministry for Primary Industries, a response to the proposed freshwater fishery bylaws had only recently been received and the formal notification process should take place in early February. He also noted that TALT had been working with Waikato Regional Council and Ministry for the Environment to assist in the development of joint programmes with farmers around two lakes in the Waikato region.

Mr Mihinui briefly summarised the results of the research surveys carried out in Lake Rotorua in conjunction with the Navy, noting that the surveys will be repeated in 2017. High levels of hydrothermal activity had been detected in Lake Rotorua and elevated levels in Lakes Rotoehu, Ōkataina and Tarawera.

7 General Business

The Chaiman invited Mr Don Atkinson, Chairman of the Lake Water Quality Society, to address the meeting.

Mr Atkinson noted that the presence of catfish in the lakes was of serious concern and thanked the Regional Council for its commitment to eradication, and urged that a programme of DNA testing be undertaken to help identify areas where netting should take place. Mr Atkinson also noted that there was a question around the accuracy of the statement in the annual plan that Lake Tarawera had no algal blooms; residents considered this incorrect and that there had been a major bloom.

Mr Atkinson then informed members of a symposium the Society was planning to hold in July or August 2017; the two main areas of focus would be the degradation of the littoral zone and the restoration of the greater Tarawera catchment.

Mayor Chadwick suggested that the Society work together with Rotorua Lakes Council as it might be possible to coincide the dates of the Symposium with the Mayor’s Speakers Forum.

8 Public Excluded Section

Resolution to exclude the public

THAT the public be excluded from the following parts of the proceedings of this meeting.

A2520947 Page 18 of 172 6 Rotorua Te Arawa Lakes Strategy Group Tuesday, 20 December 2016

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under s48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

8.1 Public excluded Rotorua Te Arawa Lakes Strategy Group minutes – 30 August 2016

Grounds

That the public conduct of the whole or relevant parts of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

Reason

Please refer to the relevant clause in the meeting minutes.

Leeder/Chadwick CARRIED

9 Confidential business to be transferred into the open

Nil.

The Chairman provided a closing karakia and wished everyone well for the New Year.

The meeting closed at 12.40 pm.

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Reports

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Report To: Rotorua Te Arawa Lakes Strategy Group

Meeting Date: 10 March 2017

Report From: Chris Ingle, General Manager, Integrated Catchments

Appointment of Chairperson, Deputy Chairperson and other Meeting Matters

Executive Summary

This report informs the Rotorua Te Arawa Lakes Strategy Group (RTALSG) of meeting matters for the 2016-2019 Triennium. This includes the election of a Chairperson and Deputy Chairperson for the three year term of the Triennium. The report sets out the process to be used to conduct the election. Until a Chairperson is officially appointed, The General Manager: Integrated Catchments will open and chair the meeting.

The report also seeks confirmation of the Strategy Group’s membership, Terms of Reference, updated Standing Orders to be used for the Strategy Group’s meetings and a schedule of meetings for 2017.

Recommendations

That the Rotorua Te Arawa Lakes Strategy Group (RTALSG) under its delegated authority:

1 Receives the report, Appointment of Chairperson and Deputy Chairperson and other Meeting Matters;

2 Selects System B as the voting system to elect the Chairperson and Deputy Chairperson.

3 Agrees that in the event of a tie between the highest polling candidates, the names of the candidates receiving an equal number of votes be put into a container and the candidate drawn out, by an independent person (such as the Committee Advisor), is deemed to be elected.

4 Elects ______as the Chairperson for the 2016-2019 Triennium and notes that in doing so agrees to waive the annual rotation of the Chairperson requirement in the Rotorua Te Arawa Lakes Terms of Reference.

5 Elects ______as the Deputy Chairperson for the 2016-2019 Triennium.

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6. Notes the Strategy Group’s Terms of Reference, attached as Appendix 1 to the report.

7. Notes the Standing Orders to be used for the conduct of its meetings, attached as Appendix 2, as adopted by the administrating authority (Bay of Plenty Regional Council) on 15 November 2016.

8. Confirms its membership:

Te Arawa Lakes Trust; Sir Toby Curtis and Willy Emery with Lana Ngawhika (alternate)

Bay of Plenty Regional Council; Chairman Leeder and Councillor Kevin Winters with Councillor Tīpene Marr (alternate) Rotorua Lakes Council; Mayor Stevie Chadwick and Councillor Karen Hunt with Deputy Mayor Dave Donaldson (alternate)

9. Confirms the following 2017 meeting dates:

 27 June 2017

 8 September 2017

 8 December 2017

1 Election of a Chairperson and Deputy Chairperson

The Rotorua Te Arawa Lakes Strategy Group is a Joint Committee under the Te Arawa Lakes Settlement Act 2006. In accordance with its Term of Reference the Strategy Group must elect a Chairperson on an annual rotational basis. However the Strategy Group may consider waiving this requirement until such time as a review of its Terms of Reference is undertaken.

The process for how the Chairperson is elected is determined by Clause 24, Schedule 7, of the Local Government Act 2002 (LGA), which states: “the acts of a local authority must be done, and the questions before the local authority must be decided at a meeting by –

(a) vote; and (b) the majority of members that are present and voting.”

1.1 Voting Systems

Under Clause 25, Schedule 7 of the LGA, when electing a Chairperson, a committee must resolve to use one of the following two voting systems: System A (a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b) has the following characteristics:

2 Page 24 of 172 Appointment of Chairperson, Deputy Chairperson and other Meeting Matters

(i) there is a first round of voting for all candidates; and (ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and (iii) If no candidate is successful in the second round there is a third, and if necessary subsequent round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and (iv) In any round of voting if two or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.”

System B (a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and (b) has the following characteristics: (i) there is only one round of voting; and (ii) if two or more candidates tie for the most votes, the tie is resolved by lot.”

It is recommended that the Strategy Group selects System B as its voting system.

1.2 The voting process step

a) The Strategy Group resolves to adopt a voting system and the procedure in the event of a tie. b) Nominations for Chairperson are called for (nominated and seconded). c) Nominees may be allowed up to 10 minutes to make a presentation. d) Voting for the election of the Chairperson as per agreed system. e) Chairperson declared elected and presides over the meeting.

In agreeing the voting process, ground rules need to also be agreed.

1.3 Ground rules

a) A member may nominate or second themselves. b) Any member can call for a Division. c) Standing Orders apply – Divisions will be carried out with names called in random order. d) Any member can abstain from voting.

In the event of a tie between the highest (and/or lowest) polling candidates, the names of the candidates receiving an equal number of votes be put into a container and the candidate drawn out, by an independent person (such as the Committee Advisor), is deemed to be elected.

3 Page 25 of 172 Appointment of Chairperson, Deputy Chairperson and other Meeting Matters

2 Meeting Matters

2.1 Strategy Group Membership

The table below provides the current membership of the Strategy Group. Where possible and at the request of the Strategy Group, partner members have appointed alternate members to attend meetings when the primary member cannot attend.

Appointed Members Alternate Members Iwi/Partner Organisation Chairman Doug Leeder Councillor Tipene Marr Bay of Plenty Regional Council Councillor Kevin Winters

Mayor Stevie Chadwick Deputy Mayor Dave Rotorua Lakes Council Councillor Karen Hunt Donaldson Sir Toby Curtis Lana Ngawhika Te Arawa Lakes Trust Willy Emery

2.2 Terms of Reference

At Bay of Plenty Regional Council’s first meeting of the new triennium, held on 15 November 2016, Council adopted its governance structure and related Terms of Reference.

The Strategy Group can seek a change to the terms of reference by way of consensus and make a recommendation to the three partners to alter its terms of reference. All three partners must agree before any changes are implemented.

The Strategy Group’s Terms of Reference are attached as Appendix 1 to the report for information.

2.3 Standing Orders

As the administering body the Bay of Plenty Regional Council’s Standing Orders are used for the operation and conduct of the Strategy Group’s meetings.

The Regional Council adopted new model Standing Orders on 15 November 2016, which were developed in August 2016 by a Local Government New Zealand Standing Orders’ Working Party. The new Standing Orders provide plain English wording where practicable, more clarity, further scope for moving and seconding amendments and inclusion of recent legislative changes affecting Standing Orders.

These Standing Orders are attached as Appendix 2 to the report for information.

2.4 Meeting schedule and frequency

The Strategy Group meets four times a year with additional workshops and events scheduled if required or requested. The following dates have been suggested for the remaining Strategy Group meetings for 2017:

 27 June 2017

 8 September 2017

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 8 December 2017

2.5 Administration and costs

Each partner is responsible for bearing the cost of their representation.

As the administering authority, costs involved with running the Strategy Group meetings (i.e. general administration, catering, venue) is borne by the Bay of Plenty Regional Council regardless of venue location.

Bay of Plenty Regional Council provides a meeting fee and mileage to iwi appointed representatives (either the appointed or alternate member) based on Council’s standard meeting fee rates.

3 Council’s Accountability Framework

3.1 Community Outcomes

This proposal directly contributes to the Regional Collaboration and Leadership Community Outcomes in the Council’s Long Term Plan 2015-2015.

3.2 Long Term Plan Alignment

This work is planned under the Governance Services’ activity in the Long Term Plan 2015-2015.

Current Budget Implications

The establishment and implementation of the Council’s governance and decision making structure is budgeted for in the Governance Services activity.

Future Budget Implications

Continued implementation of Council’s governance and decision making structure is budgeted for in the Governance Services activity in the Council’s Long Term Plan 2015-2015.

There are no specific financial implications arising from this report.

Yvonne Tatton Contractor - Governance Manager for General Manager, Integrated Catchments

3 March 2017 Click here to enter text.

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APPENDIX 1

2016-2019 Rotorua Te Arawa Lakes Strategy Group Terms of Reference

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Page 30 of 172 Rotorua Te Arawa Lakes Strategy Group Terms of Reference Interpretation In these Terms of Reference:

“Organisations” means the Te Arawa Lakes Trust, the Rotorua District Council and the Bay of Plenty Regional Council.

“Rotorua Lakes” means Lakes Rotorua, Rotoiti, Rotoehu, Rotoma, Okataina, Tikitapu, Okareka, Tarawera, Rotomahana, Rerewhakaaitu, Okaro and Rotokakahi.

BOPRC ID: A2460610 Page 31 of 172 Specific Responsibilities and Delegated Functions The Group will have the following functions:

Note:

The Rotorua Te Arawa Lakes Strategy Group reports directly to the Regional Council.

BOPRC ID: A2460610 Page 32 of 172

APPENDIX 2

ADOPTED 2016-19 BOPRC Standing Orders

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Preface Standing orders contain rules for the conduct Please note standing orders do not apply to of the proceedings of local authorities and their advisory bodies or workshops unless committees, subcommittees and subordinate incorporated in their specific terms of decision-making bodies. Their purpose is to reference. enable local authorities to exercise their decision-making responsibilities in a It is mandatory that councils adopt standing transparent, inclusive and lawful manner. order for the conduct of their meetings and the meetings of any subordinate bodies, such as In doing so the application of standing orders committees and subcommittees (see cl. 27 contributes to greater public confidence in the Schedule 7 of the Local Government Act quality of local governance and democracy in 2002). general. For clarity’s sake whenever a question about These standing orders have been designed the interpretation or application of these specifically for local authorities, their standing orders is raised, particularly where a committees, subcommittees and subordinate matter might not be directly provided for, it is decision-making bodies. They fulfil the the responsibility of the Chairperson of each requirements of the Local Government Act meeting to make a ruling. 2002 and the Local Government Official Information and Meetings Act 1987 with regard All members of a local authority must abide by to the conduct of meetings. standing orders.

The Bay of Plenty Regional Council (Council) has been granted a royalty-free, non-exclusive, non-transferable and revocable licence to:

• amend the standing orders (Amended Standing Orders) so that they are suitable for the Council’s specific context and needs; • copy the Amended Standing Orders for use by the Council’s employees and elected members and the public; and • place the Amended Standing Orders on the Council or public website.

The Council will not supply or make available to any third party a copy of the Guide, the Standing Orders or the Amended Standing Orders other than as permitted by this licence. All other rights are reserved by EquiP, the copyright owner, under the Copyright Act 1994. Any request to use the standing orders for purposes other than those described above should be made directly to EquiP.

EquiP has made every reasonable effort to provide accurate information in this document, however it is not advice and we do not accept any responsibility for actions taken that may be based on reading it.

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Contents

Preface i Contents iii Introduction 1 Principles 1 Statutory references 1 Acronyms 2 Application 2 Definitions 3 General matters 6 3 Standing orders 6 4 Meetings 6 5 Appointments and elections 8 6 Delegations 8 7 Committees 9 Pre-meeting 11 8 Giving notice 11 9 Meeting agenda 13 Meeting Procedures 15 10 Quorum 15 11 Public access and recording 16 12 Attendance 16 13 Chairperson’s role in meetings 18 14 Public Forums 19 15 Deputations 20 16 Petitions 20 17 Exclusion of public 21 18 Voting 21 19 Conduct 22 20 General rules of debate 24

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 iii BOPRC ID: A2442433 Page 39 of 172 21 General procedures for speaking and moving motions 25 22 Motions and amendments 26 23 Revocation or alteration of resolutions 27 24 Procedural motions 28 25 Points of order 28 26 Notices of motion 29 27 Minutes 30 28 Minute books 31 Referenced documents 32 Appendix 1: Grounds to exclude the public 33 Appendix 2: Sample resolution to exclude the public 35 Appendix 3: Motions and amendments (Option A) 38 Appendix 4: Table of procedural motions 39 Appendix 5: Webcasting protocols 41 Appendix 6: Powers of a Chairperson 42 Appendix 7: Process for removing a Chairperson and deputy Chairperson from office 45 Appendix 8: Workshops 46 Appendix 9: Sample order of business 47 Appendix 10: Process for raising matters for a decision 48

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Introduction These standing orders have been prepared to • make itself aware of, and have enable the orderly conduct of local authority regard to, the views of all of its meetings. They incorporate the legislative communities, provisions relating to meetings, decision • making and transparency. They also include take account, when making practical guidance on how meetings should decisions, of the diversity of the operate so that statutory provisions are community, its interests and the complied with and the spirit of the legislation interests of future communities as fulfilled. well, • ensure that any decisions made To assist elected members and officials the under these standing order comply document is structured in three parts: with the decision-making provisions of Part 6 of the LGA, and • Part 1 deals with general matters • ensure that decision-making • Part 2 deals with pre-meeting procedures and practices meet the procedures standards of natural justice. • Part 3 deals with meeting These are reinforced by the requirement that procedures. all local authorities act so that “governance structures and processes are effective, open Following Part 3 the Appendices provide and transparent” (s. 39 LGA 2002). templates and additional guidance for implementing provisions within the standing orders. Please note; the Appendix is an Statutory references attachment to the standing orders and not part of the standing orders themselves, The Standing Orders combine statutory consequently amendments to the Appendix do provisions with guidance on their application. not require the agreement of 75% of those Where a statutory provision has been present). In addition the ‘Guide to Standing augmented with advice on how it might be Orders’ provides additional advice for implemented the advice (so as not to confuse Chairpersons and staff on implementation of it with the statutory obligation) is placed below the standing orders and are not part of the the relevant legislative reference. In some standing orders. cases the language in the statutory provision has been modernised for ease of interpretation Principles or amended to ensure consistency with more recently enacted statutes. Standing orders are part of the framework of It is important to note that during a meeting processes and procedures designed to ensure any statutory references in the standing orders that our system of local democracy and in apply throughout the period of the meeting, particular decision-making within local regardless of whether or not parts or all of the government is transparent and accountable. Standing Orders have been suspended. These They are designed to give effect to the provisions must also be carried through into principles of good governance, which include any amendment of the standing orders that that a local authority should: might be made. Please note, where it is employed the word ‘must’, unless otherwise • conduct its business in an open, stated, identifies a mandatory legislative transparent and democratically requirement. accountable manner, • give effect to its identified priorities and desired outcomes in an efficient and effective manner,

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 1 BOPRC ID: A2442433 Page 41 of 172 Acronyms

LGA 2002 Local Government Act 2002

LGOIMA Local Government Official Information Act 1987

LAMIA Local Authority Members’ Interests Act 1968 Application

For the removal of any doubt these standing orders do not apply to workshops or meetings of working parties and advisory groups.

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Definitions Adjournment means a break in the • A committee comprising all the proceedings of a meeting. A meeting, or members of that authority, discussion on a particular business item, may • be adjourned for a brief period, or to another A standing committee or special date and time. committee appointed by that authority, Advisory group means a group of people • A joint committee appointed under convened by a local authority for the purpose clause 30A of Schedule 7 of the LGA of providing advice or information that is not a 2002, and committee or subcommittee. These standing orders do not apply to such groups. This • Any subcommittee of a committee definition also applies to workshops, working described in (a), (b) and (c) of this parties, working group, panels, forums, definition. portfolio groups, briefings and other similar bodies. Community board means a community board established under s.49 of the LGA 2002. Agenda means the list of items for consideration at a meeting together with Contempt means being disobedient to, or reports and other attachments relating to those disrespectful of, the chair of a meeting, or items in the order in which they will be disrespectful to any members, officers or the considered. It is also referred to as an ‘order public. paper’. Council means, in the context of these Amendment means any change of proposed standing orders, the governing body of a local change to the original or substantive motion. authority.

Audio link means facilities that enable audio Deputation means a request from any person communication between participants at a or group to make a presentation to the local meeting when one or more of the participants authority which is approved by the is not physically present at the place of the Chairperson and which may be made in meeting. English, te reo Māori or New Zealand Sign Language. Audio visual link means facilities that enable audiovisual communication between Electronic link means both an audio and participants at a meeting when one or more of audio visual link. them is not physically present at the place of the meeting. Extraordinary meeting has the same meaning as defined in cl. 22 of Schedule 7 of Chairperson means the person presiding at a the LGA 2002. meeting – the presiding member. Foreshadowed motion means a motion that Chief executive means the chief executive of a member indicates their intention to move a regional council appointed under section 42 once the debate on a current motion or of the LGA 2002, and includes, for the amendment is concluded. purposes of these standing orders, any other officer authorized by the local authority. Joint committee means a committee in which the members are appointed by more than one Clear working days means the number of local authority in accordance with clause 30A working days (business hours) prescribed in of Schedule 7 of the LGA 2002. these standing orders for giving notice and excludes the date of the meeting and date on Karakia timatanga means an opening prayer. which the notice is served. Karakia whakamutunga means a closing Committee includes, in relation to a local prayer. authority:

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 3 BOPRC ID: A2442433 Page 43 of 172 Lawfully excluded means a member of a Ordinary meeting means any meeting, other regional council who has been removed from a than the first meeting, of a local authority meeting due to behaviour that a Chairperson publicly notified in accordance with sections has ruled to be contempt. 46(1) and (2) of LGOIMA.

Local authority means in the context of these Petition means a request to a local authority standing orders a regional council, as defined which contains at least 20 signatures. in s. 5 of the LGA 2002, which is named in these standing orders, and any subordinate Powhiri means a formal welcome involving a decision-making bodies established by the Karanga from the Tangata Whenua (the home local authority. people) followed by formal speech making. A Powhiri is generally used for formal occasions Meeting means any first, inaugural, ordinary, of the highest significance. or extraordinary meeting of a regional council convened under the provisions of LGOIMA. Presiding member means the person chairing a meeting. Member means any person elected or appointed to the local authority. Procedural motion means a motion that is used to control the way in which a motion or Mihi whakatau means a brief welcome the meeting is managed as specified in typically delivered by one person without any standing orders 24.1 – 24.7. further formalities. Public excluded information refers to Minutes means the record of the proceedings information which is currently before a public of any meeting of the local authority. excluded session, is proposed to be considered at a public excluded session, or Motion means a formal proposal to a meeting. had previously been considered at a public excluded session and not yet been released Mover means the member who initiates a as publicly available information. It includes: motion. • any minutes (or portions of minutes) Newspaper means a periodical publication of public excluded sessions which published (whether in New Zealand or have not been subsequently elsewhere) at intervals not exceeding 40 days, released by the local authority, or any copy of, or part of any copy of, any such • publications; and this includes every any other information which has not been released by the local authority publication that at any time accompanies and as publicly available information. is distributed along with any newspaper. Public excluded session, also referred to as Notice of motion means a motion given in confidential or in-committee session, refers to writing by a member in advance of a meeting those meetings or parts of meetings from in accordance with, and as provided for, in which the public is excluded by the local these standing orders. authority as provided for in LGOIMA. Open voting means voting that is conducted refers to a period of time set openly and in a transparent manner and may Public forum aside, usually at the start of a meeting, for the be conducted by electronic means. The result purpose of public input. of the vote must be announced immediately it has concluded. Secret ballots are specifically excluded. Publicly notified means notified to members of the public by a notice contained in a newspaper circulating in the district of the local Order paper means the list of items for authority, or where there is no such consideration at a meeting together with newspaper, by notice displayed in a public reports and other attachments relating to those items set out in the order in which they will be place. The notice may also be replicated on a council’s website. considered. An order paper is also referred to as an agenda. Qualified privilege means the privilege conferred on member by s. 52 and s. 53 of LGOIMA.

4 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 44 of 172 BOPRC ID: A2442433 Quasi-judicial means a meeting involving the Subcommittee means a subordinate consideration of issues requiring the decision-making body established by a evaluation of evidence, the assessment of regional council, or a committee of a regional legal argument and/or the application of legal council. principles. Working day means any day of the week Quorum means the minimum number of other than: members required to be present in order to constitute a valid meeting. • Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Regional Council Chairperson means the Day, the Sovereign’s Birthday, and member of the governing body of a regional Labour Day and, if Waitangi Day or council elected as Chairperson of that regional Anzac Day falls on a weekend, the council under cl.25 Schedule 7 LGA 2002. following Monday. • Resolution means a motion that has been A day in the period commencing with adopted by the meeting. the 25th day of December in any year and ending with the 15th day of January in the following year. Right of reply means the right of the mover of a motion to sum up the debate and reply to those who have spoken against the motion. Should a local authority wish to meet between (The right can also apply to an amendment.) the 25th of December and the 15th day of January in the following year any meeting must be notified as an extraordinary meeting Seconder means the member who seconds a unless there is sufficient time to notify an motion. ordinary meeting before the commencement of the period. Sub judice means under judicial consideration and therefore prohibited from public discussion means a group set up by a elsewhere. Working party local authority to achieve a specific objective that is not a committee or subcommittee and to Subordinate decision-making body means which these standing orders do not apply. committees, subcommittees, and any other bodies established by a regional council that means in the context of these have decision-making authority, excluding joint Workshop, standing orders, a gathering of elected committees. members for the purpose of considering matters of importance to the local authority at Substantive motion means the original which no decisions are made and to which motion. In the case of a motion that is subject these standing orders do not apply. to an amendment, the substantive motion is Workshops may include non-elected the original motion incorporating any members. See definition of “advisory group”. amendments adopted by the meeting. Workshops are also described as briefings. Substantive resolution means the substantive motion that has been adopted by the meeting or a restatement of a resolution that has been voted on in parts.

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General matters least 75 per cent of the members present and 3 Standing orders voting must support the motion for it to be carried. 3.1 Obligation to adopt standing orders cl. 27(4), Schedule 7, LGA 2002.

A council is required to operate in accordance A motion to suspend standing orders may also with standing orders for the conduct of its identify the specific standing orders to be meetings and the meetings of its committees suspended. In the event of suspension those and subcommittees. Standing orders must not standing orders prescribed in statute will contravene any Act. continue to apply, such as the quorum requirements. cl. 27(1) & (2), Schedule 7, LGA 2002. 3.6 Quasi-judicial proceedings 3.2 Process for adoption and alteration of standing orders In the case of quasi-judicial proceedings the local authority may amend meeting The adoption of standing orders and any procedures. For example, committees hearing amendment to standing orders must be made applications under the RMA 1991 have by the Council and by a vote of not less than additional powers under the Commissions of 75 % of the members present. Inquiry Act 1908. cl. 27(3) Schedule 7, LGA 2002. 3.7 Physical address of members 3.3 Members must obey standing orders Every member of the regional council must give to the chief executive a physical All members of the local authority, including residential or business address within the members of committees and subcommittees, district or region of the local authority and, if must obey these standing orders. desired, an electronic or other address, to which notices and material relating to meetings cl. 16(1) Schedule 7, LGA 2002. and local authority business may be sent or delivered. Members are to provide their address within 5 working days of the 3.4 Application of standing publication of the declaration of the election orders results.

These standing orders apply to all meetings of the regional council, its committees, 4 Meetings subcommittees and subordinate decision- making bodies. This includes meetings and 4.1 Legal requirement to hold parts of meetings that the public are excluded meetings from. The regional council must hold meetings for 3.5 Temporary suspension of the good government of its region. Meetings standing orders must be called and conducted in accordance with: Any member of a council, committee, subcommittee and subordinate body may a Schedule 7 of the LGA 2002, move a motion to suspend standing orders at b Part 7 of LGOIMA, and a meeting of which they are a member. Any such motion must also include the reason for c These standing orders. the suspension. If seconded, the Chairperson must put the motion without debate and at

6 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 46 of 172 BOPRC ID: A2442433 A meeting can be adjourned to a specified 4.6 Requirements for the first time and day if required by resolution of the meeting meeting. The chief executive (or, in the absence of the 4.2 Meeting duration chief executive, their nominee) must chair the first meeting until the Chairperson has made A meeting cannot continue more than six an oral declaration and attested the hours from when it starts (including any declaration (see cl. 21(4), Schedule 7 (LGA adjournments) or after 10.30pm, unless the 2002)). meeting resolves to continue. If there is no such resolution any business on the agenda The business to be conducted at the first that has not been dealt with must be meeting following a general election must adjourned, transferred to the next meeting or include the following: transferred to an extraordinary meeting. a The making and attesting of any No meeting can sit for more than three hours declarations required of members continuously without a break of at least ten under cl.14, Schedule7, (LGA 2002), minutes unless the meeting resolves to extend and the time before a break. b The election of the Chairperson (if any) and the making and attesting of 4.3 Language the declaration required of the Chairperson under cl. 14 Schedule7, A member may address a meeting in English, (LGA 2002), and te reo Māori or New Zealand Sign Language. A Chairperson may require that a speech is c A general explanation, given or translated and printed in English or te reo arranged by the chief executive, of: Māori. i LGOIMA, and If a member intends to address the meeting in ii Other laws affecting New Zealand Sign Language, or in te reo members, including the Māori when the normal business of the appropriate provisions of meeting is conducted in English, they must the Local Authorities give prior notice to the Chairperson not less (Members Interests) Act than 2 working days before the meeting. 1968; and sections 99, 105, Where the normal business of the meeting is and 105A of the Crimes Act conducted in te reo Māori then prior notice of 1961; and the Secret the intention to address the meeting in English Commissions Act 1910; must also be given to the Chairperson not less and the Financial Markets than 2 working days before the meeting. Conduct Act 2013, d The fixing of the date and time of the 4.4 Webcasting meetings first meeting of the local authority, or the adoption of a schedule of Webcast meetings will be provided when meetings, and available in accordance with the protocols contained in Appendix 5. e the election of the deputy Chairperson in accordance with cl.17 4.5 First meeting (inaugural) Schedule7, (LGA 2002). cl. 21(5), Schedule 7, LGA 2002. The first meeting of a local authority following a local authority triennial general election must It is common for councils to adopt standing be called by the chief executive as soon as orders at the first meeting; however this is not practicable after the results of the election are always required as, if not amended, standing known. The chief executive must give elected orders will remain in force after each triennial members not less than 7 days’ notice of the election. meeting. However in the event of an emergency the chief executive may give notice of the meeting as soon as practicable. cl. 21(1) - (4), Schedule 7, LGA 2002.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 7 BOPRC ID: A2442433 Page 47 of 172 5 Appointments and System B elections The candidate will be elected or appointed if he or she receives more votes than any other candidate. This system has the following 5.1 Elections of a Chairperson characteristics: and deputy Chairperson a there is only one round of voting, and The council (or a committee responsible for making the appointment) must decide by b if two or more candidates tie for the resolution to use one of two voting systems most votes, the tie is resolved by lot. (see standing order 5.5) when electing people cl. 25 Schedule 7, LGA 2002. to the following positions:

• the Chairperson and deputy 6 Delegations Chairperson, 6.1 Limits on delegations • the Chairperson and deputy Chairperson of a committee, and Unless clearly stated in the LGA or any other • a representative of the regional Act, a council may, for the purposes of council. efficiency and effectiveness, delegate to a committee, subcommittee, subordinate cl. 25 Schedule 7, LGA 2002. decision-making body, member, or officer of the local authority, any of its responsibilities, 5.2 Voting system for duties, or powers except: Chairpersons and committee a the power to make a rate, chairs b the power to make a bylaw, When electing a Chairperson a committee c the power to borrow money, or chair the regional council must resolve to use purchase or dispose of assets, other one of the following two voting systems. than in accordance with the long- term plan, System A d the power to adopt a long-term plan, The candidate will be elected or appointed if annual plan, or annual report, he or she receives the votes of a majority of e the power to appoint a chief the members of the local authority or executive, committee who are present and voting. This system has the following characteristics: f the power to adopt policies required to be adopted and consulted on a there is a first round of voting for all under the LGA in association with candidates, the long-term plan or developed for the purpose of the local governance b if no candidate is successful in the statement, first round, there is a second round of voting from which the candidate g the power to adopt a remuneration with the fewest votes in the first and employment policy. round is excluded, and cl. 32 (1) Schedule 7, LGA 2002. c if no candidate is successful in the second round, there is a third round, 6.2 Committees may delegate and if necessary subsequent rounds, of voting from which, each time, the A committee, subcommittee, subordinate candidate with the fewest votes in decision-making body, member or officer of the previous round is excluded. the local authority, may delegate any of its In any round of voting, if two or more responsibilities, duties, or powers to a candidates tie for the lowest number of votes, subcommittee or person, subject to any the person to be excluded from the next round conditions, limitations, or prohibitions imposed is resolved by lot. by the body that made the original delegation.

8 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 48 of 172 BOPRC ID: A2442433 cl. (2) & (3), Schedule 7, LGA 2002. 7.2 Discharge or reconstitution of committees and 6.3 Use of delegated powers subcommittees

The committee, subcommittee, other Unless expressly provided otherwise in subordinate decision-making body, community legislation or regulation: board, or member or officer of the local authority to which or to whom any a the council may discharge or responsibilities, powers, duties are delegated reconstitute a committee or may, without confirmation by the council, subcommittee, or other subordinate committee or body or person that made the decision-making body, and delegation, exercise or perform them in the like manner and with the same effect as the local b a committee may discharge or authority could itself have exercised or reconstitute a subcommittee. performed them. A committee, subcommittee, or other subordinate decision-making body is, unless a cl. 32(2) & (3)(4) Schedule 7, LGA 2002. council resolves otherwise, discharged when members elected at a subsequent triennial 6.4 Decisions made under general election come into office. delegated authority cannot be rescinded or amended cl. 30 (5) & (7), Schedule 7, LGA 2002.

Nothing in these standing orders allows a Please note: s.12 (2) of the Civil Defence and council, committee and subcommittee to Emergency Management Act 2002 states that rescind or amend a lawfully made decision of a a Civil Defence and Emergency Management subordinate decision-making body carried out Group is not deemed to be discharged under a delegation authorising the making of following a triennial election. that decision. 7.3 Appointment or discharge of cl. 30 (6), Schedule 7, LGA 2002. committee members and subcommittee members 6.5 Committees and sub committees subject to the The council may appoint or discharge any direction of the council member of a committee and, if established by the council, a subcommittee. A committee may A committee, subcommittee or other appoint or discharge any member of a subordinate decision-making body is subject in subcommittee appointed by the committee all things to the control of the council and must unless directed otherwise by the council. carry out all general and special directions given to them by the council. cl. 31 (1) & (2), Schedule 7, LGA 2002

cl. 30 (3) & (4), Schedule 7, LGA 2002. 7.4 Elected members on committees and 7 Committees subcommittees The members of a committee or subcommittee 7.1 Appointment of committees may be, but are not required to be, elected and subcommittees members of a local authority. A council or committee may appoint a person who is not a A council may appoint the committees, member of the local authority to a committee subcommittees, and other subordinate or subcommittee if, in the opinion of the decision-making bodies that it considers council or committee, the person has the skills, appropriate. A committee may appoint the attributes or knowledge to assist the subcommittees that it considers appropriate, committee or subcommittee. unless it is prohibited from doing so by the council. At least one member of a committee must be an elected member of the council. A staff cl. 30(1) & (2), Schedule 7, LGA 2002. member of the local authority, in the course of

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 9 BOPRC ID: A2442433 Page 49 of 172 their employment, can be a member of a d what responsibilities, if any, are to be subcommittee but not a committee. delegated to the committee by each party, and cl. 31(4) Schedule 7, LGA 2002. e how the agreement may be varied. 7.5 Local authority may replace The agreement may also specify any other members if committee not matter relating to the appointment, operation, or responsibilities of the committee agreed by discharged the parties.

If the council resolves that a committee, cl. 30A (1) & (2), Schedule 7, LGA 2002. subcommittee or other subordinate decision- making body is not to be discharged under cl. 30 (7) Schedule7, LGA 2002, the local 7.8 Status of joint committees authority may replace the members of that committee, subcommittee or subordinate A joint committee is deemed to be both a decision-making body after the next triennial committee of a council and a committee of general election of members. each other participating local authority or public body. cl. 31(5) Schedule 7, LGA 2002. cl. 30A (5), Schedule 7, LGA 2002. 7.6 Decision not invalid despite 7.9 Power to appoint or irregularity in membership discharge individual a For the purpose of these standing members of a joint orders a decision of a local authority, committee committee, or subcommittee is not invalidated if: The power to discharge any individual member of a joint committee and appoint another b there is a vacancy in the member in their stead must be exercised by membership of the local authority, the council or public body that made the committee or subcommittee at the appointment. time of the decision, or c following the decision some defect in cl. 30A (6)(a), Schedule 7, LGA 2002. the election or appointment process is discovered and/or that the membership of a person on the committee at the time is found to have been ineligible. cl. 29, Schedule 7, LGA 2002.

7.7 Appointment of joint committees

A local authority may appoint a joint committee with another local authority or other public body if it has reached agreement with each local authority or public body. The agreement must specify:

a the number of members each party may appoint, and b how the Chairperson and deputy Chairperson are to be appointed, and c the terms of reference of the committee, and

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Pre-meeting 8 Giving notice 8.4 Notice to members - extraordinary meetings 8.1 Public notice – ordinary Notice in writing of the time and place of an meetings extraordinary meeting called understanding order 8.3 and of the general nature of business All meetings scheduled for the following month to be considered must be given by the chief must be publicly notified not more than 14 executive to each member of the council at days and not less than 5 days before the end least 3 working days before the day appointed of every month, together with the dates on for the meeting. If the meeting is called by a which and the times and places at which those resolution then notice must be provided within meetings are to be held. In the case of such lesser period as is specified in the meetings held on or after the 21st day of the resolution, as long as it is not less than 24 month public notification must be given not hours. more than 10 nor less than 5 working days before the day on which the meeting is to be cl. 22 (3), Schedule7, LGA 2002. held.

s. 46, LGOIMA. 8.5 Public notice - extraordinary meetings 8.2 Notice to members - Where an extraordinary meeting of a local ordinary meetings authority was called and notice of that meeting was inconsistent with these standing orders The chief executive must give notice in writing the local authority must, as soon as practicable to each member of the local authority of the following the meeting, give public notice time and place of any meeting. Notice must be stating that: given at least 14 days before the meeting unless the council has adopted a schedule of a the meeting has occurred, meetings, in which case notice must be given at least 14 days before the first meeting on the b the general nature of business schedule. transacted, and c the reasons why it was not correctly cl. 19 (5), Schedule7, LGA 2002. notified. 8.3 Extraordinary meeting may s. 46 (3) & (4), LGOIMA. be called 8.6 Process for calling an An extraordinary council meeting may be extraordinary meeting at an called by: earlier time a resolution of the council, or If the nature of business requires a meeting to be held at an earlier time than is allowed by b a requisition in writing delivered to the notice requirements specified in standing the chief executive which is signed order 8.4, a meeting may be called by the by: Chairperson, or if the Chairperson is not i the Chairperson, or available, the chief executive.

ii no less than one third of cl. 22 (2) Schedule 7, LGA 2002. the total membership of the council (including vacancies). cl. 22 (1) Schedule 7, LGA 2002.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 11 BOPRC ID: A2442433 Page 51 of 172 8.7 Notification of extraordinary b the extraordinary meeting was meetings held at an earlier publicly notified at least 5 working days before the day on which the time meeting was held. Notice of the time, place and matters to be s. 51A, LGOIMA. considered of a meeting called under Standing Order 8.6, must be given by the person calling 8.11 Meeting schedules the meeting or by another person on that person’s behalf. Notice must be given to each Where the local authority adopts a meeting member of the council and the chief executive schedule it may cover any period that the by whatever means is reasonable in the council considers appropriate and may be circumstances and at least 24 hours before the amended. Notification of the schedule, or an time appointed for the meeting. amendment, will constitute notification to members of every meeting on the schedule or cl. 22 (4), Schedule7 LGA 2002. the amendment. This does not replace the requirements under LGOIMA to also publicly 8.8 Chief executive may make notify each meeting. other arrangements cl. 19 (6) Schedule 7, LGA 2002. The chief executive is to make any other arrangement for the notification of meetings, 8.12 Non-receipt of notice to including extraordinary meetings, as the local members authority may, from time to time, determine. A meeting of a local authority is not invalid if s. 46(5) LGOIMA. notice of that meeting was not received, or not received in due time, by a member of the local 8.9 Meetings not invalid authority or board unless:

The failure to notify a public meeting under a it is proved that the person these standing orders does not of itself make responsible for giving notice of the that meeting invalid. However, where a local meeting acted in bad faith or without authority becomes aware that a meeting has reasonable care, and been incorrectly notified it must, as soon as b the member concerned did not practicable, give public notice stating: attend the meeting. • that the meeting occurred without A member of a local authority may waive the proper notification, need to be given notice of a meeting. • the general nature of the business cl. 20 (1) & (2) Schedule 7, LGA 2002. transacted, and • the reasons why the meeting was not 8.13 Meeting cancellations properly notified. The Chairperson of a scheduled meeting may s. 46 (6), LGOIMA. cancel the meeting if, in consultation with the chief executive, they consider this is necessary 8.10 Resolutions passed at an for reasons that include lack of business, lack extraordinary meeting of quorum or clash with another event. The chief executive must make a reasonable A local authority must, as soon as practicable, effort to notify members and the public as soon publicly notify any resolution passed at an as practicable of the cancellation and the extraordinary meeting of the local authority reasons behind it. unless -

a the resolution was passed at a meeting or part of a meeting from which the public was excluded, or

12 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 52 of 172 BOPRC ID: A2442433 The order of business for an extraordinary 9 Meeting agenda meeting must be limited to items that are relevant to the purpose for which the meeting 9.1 Preparation of the agenda has been called.

It is the chief executive’s responsibility to 9.5 Chairperson’s prepare an agenda for each meeting listing recommendation and attaching information on the items of business to be brought before the meeting so A Chairperson, either prior to the start of the far as is known, including the names of the meeting and/or at the meeting itself, may relevant members. include a recommendation regarding any item on the agenda brought before the meeting. When preparing business items for an agenda Where a Chairperson’s recommendation the chief executive should consult the varies significantly from an officer’s Chairperson. recommendation the reason for the variation must be explained. 9.2 Process for raising matters for a decision 9.6 Chairperson’s report

Requests for reports may be made by a The Chairperson of a meeting has the right, resolution of the council, committee, through a report, to direct the attention of a subcommittee or subordinate decision-making meeting to any matter which is on the agenda body and, in the case of all decision-making or which falls within the responsibilities of that bodies other than the council, must also fall meeting. within the scope of their specific delegations. A process for requesting reports is described in Appendix 10. 9.7 Public availability of the agenda 9.3 Chief executive may delay or All information provided to members at a local refuse request authority meeting must be publicly available except where an item included in the agenda The chief executive may delay commissioning refers to a matter reasonably expected to be any reports that involve significant cost or are discussed with the public excluded. beyond the scope of the committee that made the request. In such cases the chief executive s. 5 & 46A, LGOIMA. will discuss options for meeting the request with the respective Chairperson and report back to a subsequent meeting with an 9.8 Public inspection of agenda estimate of the cost involved and seek direction on whether the report should still be Any member of the public may, without prepared. payment of a fee, inspect, during normal office hours and within a period of at least 2 working If a member makes a direct request to a chief days before a meeting, all agendas and executive asking that a report is prepared the associated reports circulated to members of chief executive may refuse. In such cases an the local authority and local and community explanation should be provided to the boards relating to that meeting. The agenda: member. a must be available for inspection at the public offices of the local 9.4 Order of business authority (including service centres), at public libraries under the At the meeting the business is to be dealt with authority’s control and on the in the order in which it stands on the agenda council’s website, and: unless the Chairperson, or the meeting, decides otherwise. An example of a default b must be accompanied by either: order of business is set out in Appendix 10. i the associated reports, or

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 13 BOPRC ID: A2442433 Page 53 of 172 ii a notice specifying the places at Items not on the agenda may be brought which the associated reports before the meeting through a report from either may be inspected. the chief executive or the Chairperson. s. 46A (1), LGOIMA. Please note that nothing in this standing order removes the requirement to meet the 9.9 Withdrawal of agenda items provisions of Part 6, LGA 2002 with regard to consultation and decision-making. If justified by circumstances an agenda item may be withdrawn by the chief executive. In 9.13 Discussion of minor matters the event of an item being withdrawn the chief executive should inform the Chairperson. not on the agenda A meeting may discuss an item that is not on 9.10 Distribution of the agenda the agenda only if it is a minor matter relating to the general business of the meeting and the The chief executive must send the agenda to Chairperson explains at the beginning of the every member of a meeting at least two clear public part of the meeting that the item will be working days before the day of the meeting, discussed. However, the meeting may not except in the case of an extraordinary meeting make a resolution, decision or (see Standing Order 8.4). recommendation about the item, except to refer it to a subsequent meeting for further The chief executive may send the agenda, and discussion. other materials relating to the meeting or other council business, to members by electronic s. 46A (7A), LGOIMA. means. 9.14 Public excluded business on 9.11 Status of agenda the agenda No matter on a meeting agenda, including Items that are likely to be discussed under recommendations, may be considered final public excluded must be indicated on each until determined by formal resolution of that agenda and state the general subject of the meeting. item. The chief executive, however, may exclude public access to any reports, or parts 9.12 Items of business not on the of reports, which are reasonably expected to agenda which cannot be be discussed with the public excluded. delayed s. 46A (9), LGOIMA. A meeting may deal with an item of business that is not on the agenda where the meeting 9.15 Qualified privilege relating to resolves to deal with that item and the agenda and minutes Chairperson provides the following information during the public part of the meeting: Where any meeting is open to the public and a member of the public is supplied with a copy of a the reason the item is not on the the agenda, or the minutes of that meeting, the agenda, and publication of any defamatory matter included b the reason why the discussion of the in the agenda or in the minutes is privileged. item cannot be delayed until a This does not apply if the publication is proved subsequent meeting. to have been made with ill will or improper advantage has been taken of the publication. s. 46A (7), LGOIMA s. 52, LGOIMA.

14 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 54 of 172 BOPRC ID: A2442433 Meeting Procedures Opening and closing

Local authorities may, at the start of a meeting, cl. 23 (3)(b) Schedule 7, LGA 2002. choose to recognise the civic importance of the occasion through some form of reflection. 10.3 Joint Committees This could be an expression of community values, a reminder of the contribution of The quorum at a meeting of a joint committee members who have gone before or a formal must be consistent with Standing Order 10.1. welcome, such as a mihi whakatau. Options Local authorities participating in the joint for opening a meeting could include a karakia committee may decide, by agreement, whether timitanga, mihi whakatau, or powhiri as well as or not the quorum includes one or more a karakia whakamutunga to close a meeting members appointed by each local authority or where appropriate. any party. 10 Quorum cl. 30A (6)(c) Schedule 7, LGA 2002.

10.1 Councils 10.4 Requirement for a quorum

The quorum for a meeting of the council is: A meeting is constituted where a quorum of members is present, whether or not they are a half of the members physically all voting or entitled to vote. In order to conduct present, where the number of any business at a meeting, a quorum of members (including vacancies) is members must be present for the whole time even, and that the business is being considered. b a majority of the members physically cl. 23(1) & (2) Schedule 7, LGA 2002. present, where the number of members (including vacancies) is 10.5 Meeting lapses where no odd. quorum cl. 23 (3)(a) Schedule 7, LGA 2002. A meeting must lapse, and the Chairperson 10.2 Committees and vacate the chair, if a quorum is not present subcommittees within 15 minutes of the advertised start of the meeting. Where members are known to be A council sets the quorum for its committees travelling to the meeting, but are delayed due and subcommittees, either by resolution or by to extraordinary circumstance, the Chairperson stating the quorum in the terms of reference. has discretion to wait for a longer period. Committees may set the quorums for their subcommittees by resolution provided that it is No business may be conducted while waiting not less than two members. for the quorum to be reached. Minutes will record when a meeting lapses due to a lack of In the case of committees and subcommittees a quorum, along with the names of the the quorum will be half the number of members who attended. members physically present, where the number of members (including vacancies) is 10.6 Business from lapsed even and a majority of the members physically meetings present, where the number of members (including vacancies) is odd unless otherwise Where meetings lapse the remaining business stated in the Terms of Reference. will be adjourned and be placed at the beginning of the agenda of the next ordinary In the case of committees and subcommittees meeting, unless the Chairperson sets an at least two members of the quorum must be a earlier meeting and this is notified by the chief member of the council. executive.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 15 BOPRC ID: A2442433 Page 55 of 172 If the member of the local authority is not an 11 Public access and appointed member of the meeting at which recording they are in attendance they may not vote on any matter at that meeting. However, they may, with the leave of the chair, take part in 11.1 Meetings open to the public the meeting’s discussions.

Except as otherwise provided by Part 7 of A member attending a meeting of which they LGOIMA, every meeting of the local authority are not an appointed member is not a member and its committees and subcommittees must of the public for the purpose of s.48 LGOIMA. be open to the public. Consequently, if the meeting resolves to exclude the public any members of the local s.47 & 49(a), LGOIMA. authority who are present may remain unless they are lawfully excluded. 11.2 Grounds for removing the public Please note: this section does not confer any rights to non-elected members appointed to The Chairperson may require any member of committees of a local authority. the public whose conduct is disorderly, or who is creating a disturbance, to be removed from 12.2 Attendance when a the meeting. committee is performing judicial or quasi-judicial 11.3 Local authority may record functions meetings When a committee is performing judicial or Meeting venues should contain clear signage quasi-judicial functions members of the local indicating and informing members, officers and authority who are not members of that the public that proceedings may be recorded committee are not entitled to take part in the by the local authority and may be subject to proceedings. direction by the Chairperson. 12.3 Leave of absence 11.4 Public may record meetings The council delegates the power to grant a Members of the public may make electronic or leave of absence to the Chairperson, following digital recordings of meetings which are open an application from that member, in order to to the public. Any recording of meetings must protect a member’s privacy. The Chairperson be notified to the Chairperson at the will advise all members of the council commencement of the meeting to ensure that whenever a member has been granted leave the recording does not distract the meeting of absence under delegated authority. Meeting from fulfilling its business. minutes will record that a member has leave of absence as an apology for that meeting. Where circumstances require the Chairperson may stop the recording for a period of time. 12.4 Apologies 12 Attendance A member who does not have leave of absence may tender an apology should they be absent from all or part of a meeting. The 12.1 Members right to attend Chairperson must invite apologies at the meetings beginning of each meeting, including apologies for lateness and early departure. The meeting A member of a local authority, or of a may accept or decline any apologies. committee of a local authority, has, unless lawfully excluded, the right to attend any For clarification, the acceptance of a member’s meeting of the local authority or committee. apology constitutes a grant of ‘leave of absence’ for that meeting. cl. 19(2), Schedule 7, LGA 2002. 12.5 Recording apologies

16 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 56 of 172 BOPRC ID: A2442433 The minutes will record any apologies or accessibility of that person tendered before or during the meeting, in relation to the meeting, including whether they were accepted or declined and the time of arrival and departure iii the requirements of Part 7 of of all members. LGOIMA are met, and iv the requirements in these 12.6 Absent without leave standing orders are met. If the Chairperson is attending by audio or Where a member is absent from the council for audio visual link then chairing duties will be four consecutive meetings without leave of undertaken by the deputy chair or a member absence (not including extraordinary meetings) who is physically present. then the office held by the member will become vacant. A vacancy created in this way cl. 25A (3) schedule 7, LGA 2002. is treated as an extraordinary vacancy. cl. 5 (d) Schedule 7, LGA 2002. 12.11 Conditions for attending by audio or audio visual link 12.7 Right to attend by audio or The Chairperson may give approval for a audio visual link member to attend meetings by electronic link, either generally or for a specific meeting. Provided the conditions in these standing Examples of situations where approval can be orders are met members of the local authority given include: or its committees have the right to attend meetings by means of an electronic link, a where the member is at a place that unless they have been lawfully excluded. makes their physical presence at the meeting impracticable or impossible, 12.8 Member’s status: quorum b where a member is unwell, and Members who attend meetings by electronic c where a member is unable to attend link will not be counted as present for the due to an emergency. purposes of a quorum. 12.12 Request to attend by audio 12.9 Member’s status: voting or audio visual link

Where a meeting has a quorum, determined Where possible, a member will give the by the number physically present, the Chairperson and the chief executive as much members attending by electronic link can vote notice as possible but at least 3 working days’ on any matters raised at the meeting. notice when they want to attend a meeting by audio or audio visual link. Should, due to 12.10 Chairperson’s duties illness or emergency, this is not possible the member may give less notice. Where the technology is available and a member is attending a meeting by audio or Where such a request is made and the audio visual link, the Chairperson must ensure technology is available, the chief executive that: must take reasonable steps to enable the member to attend by audio or audio-visual link. a the technology for the link is However, the council has no obligation to available and of suitable quality; make the technology for an audio or audio- visual link available. b procedures for using the technology in the meeting will ensure that: Approved participation by audio-visual link is available at designated council offices as the i everyone participating in the preferred venues, or alternate venues as meeting can hear each other, determined by the Chairperson and co- ii the member’s attendance by ordinated by the chief executive. audio or audio visual link does not reduce their accountability If the member’s request cannot be accommodated, or there is a technological

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 17 BOPRC ID: A2442433 Page 57 of 172 issue with the link, this will not invalidate any acts or proceedings of the local authority or its 13 Chairperson’s role in committees. meetings

12.13 Chairperson may terminate 13.1 Council meetings link The Chairperson of the council must preside at The Chairperson may direct that an electronic meetings of the council unless they vacate the link should be terminated where: chair for a part or all of a meeting. If the Chairperson is absent from a meeting or a use of the link is increasing, or may vacates the chair, the deputy Chairperson unreasonably increase, the length of must act as Chairperson. If the deputy the meeting, Chairperson is also absent the local authority b the behaviour of the members using members who are present must elect a the link warrants termination, member to be Chairperson at that meeting. including the style, degree and This person may exercise the meeting extent of interaction between responsibilities, duties and powers of the members, Chairperson for that meeting. This provision also applies to committees and c it is distracting to the members who subcommittees. are physically present at the meeting, and cl. 26(1), (5) & (6) Schedule 7, LGA 2002. d the quality of the link is no longer suitable. 13.2 Committee meetings

12.14 Giving or showing a The appointed Chairperson of a committee document must preside at all committee meetings, unless they vacate the chair for a particular meeting A person attending a meeting by audio or or part of a meeting. If the Chairperson is audio visual link may give or show a document absent from a meeting or vacates the chair, by: the deputy Chairperson (if any) will act as Chairperson. If the deputy Chairperson is also a transmitting it electronically, absent, or has not been appointed, the committee members who are present must b using the audio visual link, or elect a member to act as Chairperson at that c any other manner that the meeting who may exercise the meeting Chairperson thinks fit. responsibilities, duties and powers of the Chairperson. cl. 25(A) (6) schedule 7, LGA 2002. This standing order also applies to 12.15 Link failure subcommittees and subordinate decision- making bodies. Where an audio or audio visual link fails, or there are other technological issues that cl. 26(2), (5) & (6), schedule 7 LGA 2002. prevent a member who is attending by link from participating in a meeting, that member 13.3 Addressing the Chairperson must be deemed to be no longer attending the meeting. Members will address the Chairperson in a manner that the Chairperson has determined. 12.16 Confidentiality

A member who is attending a meeting by 13.4 Chairperson’s rulings audio or audio visual link must ensure that the The Chairperson will decide all procedural meeting’s proceedings remain confidential questions where insufficient provision is made during any times that the public are excluded. by these standing orders and with regard to all At such times, the Chairperson may require points of order. Any refusal to obey a the member to confirm that no unauthorised Chairperson’s ruling or direction constitutes people are able to view or hear the contempt. proceedings.

18 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 58 of 172 BOPRC ID: A2442433 13.5 Chairperson standing however this requirement may be waived by the Chairperson. Whenever the Chairperson stands during a debate members are required to sit down and Speakers can speak for up to 5 minutes. No be silent so that they can hear the Chairperson more than two speakers can speak on behalf without interruption. of an organisation during a public forum. Where the number of speakers presenting in 13.6 Member’s right to speak the public forum exceeds 3 in total, the Chairperson has discretion to restrict the speaking time permitted for all presenters. Members are entitled to speak in accordance with these standing orders. Members should Representatives of tangata whenua can address the Chairperson when speaking. They address the meeting for a period of 15 minutes may not leave their place while speaking, in total without restrictions on the number of unless they have the leave of the Chairperson. speakers within the time period. 13.7 Chairperson may prioritise 14.2 Restrictions speakers The Chairperson has the discretion to decline When two or more members want to speak the to hear a speaker or to terminate a Chairperson will name the member who may presentation at any time where: speak first. Other members who wish to speak have precedence where they intend to: • a speaker is repeating views presented by an earlier speaker at a raise a point of order, including a the same public forum, request to obtain a time extension for the previous speaker, and/or • the speaker is criticising elected members and/or staff, b move a motion to terminate or adjourn the debate, and/or • the speaker is being repetitious, disrespectful or offensive, c make a point of explanation, and/or • d request the chair to permit the the speaker has previously spoken member a special request. on the same issue, • the matter is subject to legal proceedings, 14 Public Forums • the matter is subject to a hearing, including the hearing of submissions Public forums are a defined period of time, where the local authority or usually at the start of a meeting, which, at the committee sits in a quasi-judicial discretion of a meeting, is put aside for the capacity. purpose of public input. Public forums are designed to enable members of the public to 14.3 Questions at public forums bring matters to the attention of the local authority. At the conclusion of the presentation, with the permission of the Chairperson, elected In the case of a committee or subcommittee, members may ask questions of speakers. any issue, idea or matter raised in a public Questions are to be confined to obtaining forum must also fall within the terms of information or clarification on matters raised by reference of that meeting. a speaker.

14.1 Time limits 14.4 No resolutions

A period of up to 15 minutes, or such longer Following the public forum no debate or time as the Chairperson may determine, will decisions will be made at the meeting on be available for the public forum at each issues raised during the forum unless related scheduled local authority meeting. Requests to items already on the agenda. must be made to the meeting secretary at least one clear day before the meeting;

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 19 BOPRC ID: A2442433 Page 59 of 172 15 Deputations 16 Petitions

The purpose of a deputation is to enable a 16.1 Form of petitions person, group or organisation to make a presentation to a meeting on a matter or Petitions may be presented to the local matters covered by that meeting’s terms of authority or any of its committees. Petitions reference. Deputations are approved by the must contain at least 20 signatures and consist Chairperson or an official with delegated of fewer than 150 words (not including authority. signatories). They must be received by the chief executive at least 5 working days before 15.1 Time limits the date of the meeting at which they will be presented. Speakers can speak for up to 5 minutes. No more than two speakers can speak on behalf Petitions must not be disrespectful, use of an organisation’s deputation. offensive language or include malicious statements (see standing order 19.9 on 15.2 Restrictions qualified privilege). They may be written in English or te reo Māori. Petitioners planning to The Chairperson has the discretion to decline make a petition in te reo Māori or sign to hear or terminate a deputation at any time language should advise the relevant where: Chairperson at least two working days before the meeting to enable the petition be • a speaker is repeating views translated and reprinted, if necessary. presented by an earlier speaker at the meeting, 16.2 Petition presented by petitioner • the speaker is criticising elected members and/or staff, A petitioner who presents a petition to the local • the speaker is being repetitious, authority or any of its committees and disrespectful or offensive, subcommittees, may speak for 5 minutes (excluding questions) about the petition, • the speaker has previously spoken unless the meeting resolves otherwise. The on the same issue, Chairperson must terminate the presentation • the matter is subject to legal of the petition if he or she believes the proceedings, petitioner is being disrespectful, offensive or making malicious statements. • the matter is subject to a hearing, including the hearing of submissions Where a petition is presented as part of a where the local authority or deputation or public forum the speaking time committee sits in a quasi-judicial limits relating to deputations or public forums capacity. shall apply. The petition must be received by the chief executive at least 5 working days 15.3 Questions of a deputation before the date of the meeting concerned.

At the conclusion of the deputation members 16.3 Petition presented by may, with the permission of the Chairperson, member ask questions of speakers. Questions are to be confined to obtaining information or Members may present petitions on behalf of clarification on matters raised by the petitioners. In doing so, members must confine deputation. themselves to presenting:

15.4 Resolutions a the petition,

Any debate on a matter raised in a deputation b the petitioners’ statement, and must occur at the time at which the matter is c the number of signatures. scheduled to be discussed on the meeting agenda, and once a motion has been moved and seconded.

20 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 60 of 172 BOPRC ID: A2442433 the subject matter of the item and the reason 17 Exclusion of public the public are excluded.

17.1 Motions and resolutions to s.46A (8) LGOIMA. exclude the public 17.4 Non-disclosure of Members of a meeting may resolve to exclude information the public from a meeting. The grounds for exclusion are those specified in section 48 of No member or officer may disclose to any LGOIMA (see Appendix 1). person, other than another member, officer or person authorised by the chief executive, any Every motion to exclude the public must be put information that has been, or will be, presented while the meeting is open to the public, and to any meeting from which the public is copies of the motion must be available to any excluded, or proposed to be excluded. member of the public who is present. If the motion is passed the resolution to exclude the This restriction does not apply where a public must be in the form set out in schedule meeting has resolved to make the information 2A of LGOIMA (see Appendix 2). The publicly available or where the chief executive resolution must state: has advised, in writing, that one or both of the following apply: a the general subject of each matter to be excluded, a there are no grounds under LGOIMA b the reason for passing the resolution for withholding the information, in relation to that matter, and b the information is no longer c the grounds on which the resolution confidential. is based. 17.5 Release of information from The resolution will form part of the meeting’s public excluded session minutes. A local authority may provide for the release to s. 48 LGOIMA. the public of information which has been considered during the public excluded part of a 17.2 Specified people may remain meeting. Each public excluded meeting must consider Where a meeting resolves to exclude the and agree by resolution, what, if any, public, the resolution may provide for specified information will be released to the public. In persons to remain if, in the opinion of the addition the chief executive may release meeting, they will assist the meeting to information which has been considered at a achieve its purpose. Any such resolution must meeting from which the public has been state, in relation to the matter to be discussed, excluded where it is determined the grounds to how the knowledge held by the specified withhold the information no longer exist. The people is relevant and be of assistance. chief executive will inform the subsequent meeting of the nature of the information No such resolution is needed for people who released. are entitled to be at the meeting, such as relevant staff and officials contracted to the council for advice on the matter under 18 Voting consideration. 18.1 Decisions by majority vote s.48 (6) LGOIMA. Unless otherwise provided for in the LGA 17.3 Public excluded items 2002, other legislation or standing orders, the acts of and questions before a local authority The chief executive must place in the public- must be decided at a meeting through a vote excluded section of the agenda any items that exercised by the majority of the members of he or she reasonably expects the meeting to that meeting voting. consider with the public excluded. The public excluded section of the agenda must indicate cl. 24 (1), Schedule 7, LGA 2002.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 21 BOPRC ID: A2442433 Page 61 of 172 18.2 Open voting The Chairperson may call a second division where there is confusion or error in the original An act or question coming before the local division. authority must be done or decided by open voting. 18.6 Request to have votes recorded cl. 24 (3) Schedule 7, LGA 2002. If requested by a member immediately after a 18.3 Chairperson has a casting vote the minutes must record the member’s vote vote or abstention.

The Chairperson or any other person presiding 18.7 Members may abstain at a meeting has a deliberative vote and, in the case of an equality of votes, has a casting Any member may abstain from voting. vote. cl. 24 (2) Schedule 7, LGA 2002. 19 Conduct

18.4 Method of voting 19.1 Calling to order

The method of voting must be as follows: When the Chairperson calls members to order, they must be seated and stop speaking. If the a the Chairperson in putting the motion members fail to do so, the Chairperson may must call for an expression of opinion direct that they should leave the meeting on the voices or take a show of immediately for a specified time. hands, the result of either of which, as announced by the Chairperson, 19.2 Disrespect must be conclusive unless such announcement is questioned No member may speak or act in a manner immediately by any member, in which is disrespectful of other members or which event the Chairperson will call inconsistent with the local authority’s Code of a division, Conduct at any meeting. b the Chairperson or any member may call for a division instead of or after 19.3 Retractions and apologies voting on the voices and/or taking a show of hands, and In the event of a member or speaker who has been disrespectful of another member or c where a suitable electronic voting contravened the council’s Code of Conduct, system is available that system may the Chairperson may call upon that member or be used instead of a show of hands, speaker to withdraw the offending comments, vote by voices or division, and the and may require them to apologise. If the result displayed notified to the member refuses to do so the Chairperson may Chairperson who must declare the direct that they should leave the meeting result. immediately for a specified time and/or make a complaint under the Code of Conduct. 18.5 Calling for a division 19.4 Disorderly conduct When a division is called, the chief executive must record the names of the members voting Where the conduct of a member is disorderly for and against the motion and abstentions or is creating a disturbance the Chairperson and provide the names to the Chairperson to may require that member to leave the meeting declare the result. The result of the division immediately for a specified time. must be entered into the minutes and include members’ names and the way in which they If the disorder continues the Chairperson may voted. adjourn the meeting for a specified time. At the end of this time the meeting must resume and decide, without debate, whether the meeting should proceed or be adjourned.

22 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 62 of 172 BOPRC ID: A2442433 The Chairperson may also adjourn the 19.8 Non-financial conflicts of meeting if other people cause disorder or in interests the event of an emergency. Non-financial interests always involve 19.5 Contempt questions of judgement and degree about whether the responsibility of a member of a Where a member is subject to repeated local authority could be affected by some other cautions by the Chairperson for disorderly separate interest or duty of that member in conduct the meeting may, should it so decide, relation to a particular matter. If a member resolve that the member is in contempt. Any considers that they have a non-financial such resolution must be recorded in the conflict of interest in a matter they must not meeting’s minutes. take part in the discussions about that matter or any subsequent vote. 19.6 Removal from meeting The member must leave the table when the A member of the police or authorised security matter is considered, but does not need to personnel may, at the Chairperson’s request, leave the room. The minutes must record the remove or exclude a member from a meeting. declaration and member’s subsequent abstention from discussion and voting. This standing order will apply where the Chairperson has ruled that the member should Neither the Chairperson nor the meeting may leave the meeting and the member has rule on whether a member has a non-financial refused or failed to do so; or has left the interest in the matter being discussed. meeting and attempted to re-enter it without the Chairperson’s permission. 19.9 Qualified privilege for meeting proceedings 19.7 Financial conflicts of interests Any oral statement made at any meeting of the local authority in accordance with the rules Every member present at a meeting must adopted by the local authority for guiding its declare any direct or indirect financial interest proceedings is privileged, unless the statement that they hold in any matter being discussed at is proved to have been made with ill will or the meeting, other than an interest that they took improper advantage of the occasion of hold in common with the public. publication.

No member may vote on, or take part in, a s. 53, LGOIMA. discussion about any matter in which they have a direct or indirect financial interest 19.10 Qualified privilege additional unless an exception set out in s.6 LAMIA to any other provisions applies to them, or the Auditor-General has granted them an exemption or declaration The privilege referred to above is in addition to under s.6. any other privilege, whether absolute or qualified, that applies as a result of any other Members with a financial interest should enactment or rule of law applying to any physically withdraw themselves from the table meeting of the local authority. unless the meeting is in public excluded in which case they should leave the room. s. 53, LGOIMA. Neither the Chairperson nor the meeting may rule on whether a member has a financial 19.11 Electronic devices at interest in the matter being discussed. The meetings minutes must record any declarations of financial interests and the member’s Electronic devices and phones can only be abstention from any discussion and voting on used to advance the business of a meeting. the matter. Personal use may only occur at the discretion s. 6 & 7 LAMIA. of the chair. A Chairperson may require that an electronic device is switched off if its use is likely to distract a meeting from achieving its

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 23 BOPRC ID: A2442433 Page 63 of 172 business or a member is found to be receiving A member may not speak more than once to a information or advice from sources not present motion at a meeting of a local authority except at the meeting which may affect the integrity of with permission of the Chairperson. the proceedings.

20 General rules of 20.6 Limits on number of debate speakers

20.1 Chairperson may exercise If three speakers have spoken consecutively in discretion support of, or in opposition to, a motion, the Chairperson may call for a speaker to the contrary. If there is no speaker to the contrary, The application of any procedural matters in the Chairperson must put the motion after the this section of the standing orders, such as the mover’s right of reply. number of times a member may speak, is subject to the discretion of the Chairperson. Members speaking must, if requested by the Chairperson, announce whether they are 20.2 Time limits on speakers speaking in support of or opposition to a motion. The following time limits apply to members speaking at meetings: 20.7 Seconder may reserve a movers of motions when speaking to speech the motion – not more than 10 minutes, A member may second a motion or amendment without speaking to it, reserving b movers of motions when exercising the right to speak later in the debate. their right of reply – not more than 5 minutes, 20.8 Speaking only to relevant c other members – not more than 5 matters minutes. Members may speak to any matter before the Time limits can be extended if a motion to that meeting; a motion or amendment which they effect is moved, seconded and supported by a propose; and to raise a point of order arising majority of members present. out of debate, but not otherwise. Members must confine their remarks strictly to the 20.3 Questions to staff motion or amendment they are speaking to.

During a debate members can ask staff The Chairperson’s rulings on any matters questions about the matters being discussed. arising under this standing order are final and Questions must be asked through the not open to challenge. Chairperson and how the question should be dealt with is at the Chairperson’s discretion. 20.9 Restating motions

20.4 Questions of clarification At any time during a debate a member may ask, for their information, that the Chairperson At any point of a debate a member may ask restate a motion and any amendments; but not the Chairperson for clarification about the in a manner that interrupts a speaker. nature and content of the motion which is the subject of the debate and the particular stage 20.10 Criticism of resolutions the debate has reached. A member speaking in a debate may not 20.5 Members may speak only unduly criticise the validity of any resolution once except by a notice of motion to amend or revoke the resolution.

20.11 Objecting to words

24 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 64 of 172 BOPRC ID: A2442433 When a member objects to any words used by 20.15 Chairperson’s acceptance of another member in a speech and wants the closure motions minutes to record their objection, they must object at the time when the words are used The Chairperson may only accept a closure and before any other member has spoken. motion where there have been at least two The Chairperson must order the minutes to speakers for and two speakers against the record the objection. motion that is proposed to be closed, or the Chairperson considers it reasonable to do so. 20.12 Right of reply However, the Chairperson must put a closure The mover of an original motion has a right of motion if there are no further speakers in the reply. A mover of an amendment to the original debate. When the meeting is debating an motion does not. In their reply, the mover must amendment, the closure motion relates to the confine themselves to answering previous amendment. If a closure motion is carried, the speakers and not introduce any new matters. mover of the motion under debate has the right of reply after which the Chairperson puts the A mover’s right of reply can only be used once. motion or amendment to the vote. It can be exercised either at the end of the debate on the original, substantive or substituted motion or at the end of the debate 21 General procedures on a proposed amendment. for speaking and However, the original mover may reserve their moving motions right of reply and speak once to the principal motion and once to each amendment without losing that right of reply. If a closure motion is 21.1 Options for speaking and carried the mover of the motion has the right of moving reply before the motion or amendment is put to the vote. The following applies for speaking and moving motions and amendments at a meeting of a 20.13 No other member may speak local authority, its committees and subcommittees. (Option B). In exercising a right of reply, no other member may speak: • The mover and seconder of a motion cannot move or second an a after the mover has started their amendment. (This does not apply reply, when the mover or seconder of a motion to adopt a report of a b after the mover has indicated that committee wants to amend an item they want to forego this right, in the report. In this case the original c where the mover has spoken to an mover or seconder may also propose amendment to the original motion or second the suggested and the Chairperson has indicated amendment). that he or she intends to put the • Any members, regardless of whether motion. they have spoken to the original or substituted motion, may move or 20.14 Adjournment motions second an amendment to it. • The carrying of any motion to adjourn a The mover or seconder of an meeting must supersede other business still amendment that is carried can move remaining to be disposed of. Any such or second a subsequent amendment. business must be considered at the next A mover or seconder of an meeting. Business referred to, or referred back amendment which is lost cannot to, a specified committee or subcommittee, is move or second a subsequent to be considered at the next ordinary meeting amendment. of that committee or board, unless otherwise • Members can speak to any specified. amendment.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 25 BOPRC ID: A2442433 Page 65 of 172 • The meeting by agreement of the amendment that has already been lost. Any majority of members present may amendment which, if carried, would have the amend a motion with the agreement effect of defeating a previous motion that was of the mover and seconder. carried is a direct negative and is therefore not allowed.

21.2 Procedure if no resolution reached 22.6 Foreshadowed amendments

If no resolution is reached the Chairperson The meeting must dispose of an existing may accept a new motion to progress the amendment before a new amendment can be matter under discussion. foreshadowed. However, members may notify the Chairperson that they intend to move further amendments and the nature of their 22 Motions and content.

amendments 22.7 Lost amendments

22.1 Proposing and seconding Where an amendment is lost, the meeting will motions resume the debate on the original or substituted motion. Any member who has not All motions and amendments moved during a moved or seconded the original motion or debate must be seconded (including notices of moved or seconded the amendment that is lost motion). The Chairperson may then state the may move or second a further amendment. motion and propose it for discussion. 22.8 Carried amendments Amendments and motions that are not seconded are not in order and are not entered Where an amendment is carried the meeting in the minutes. will resume the debate on the original motion as amended. This will now be referred to as 22.2 Motions in writing the substantive motion. Members who have not moved or seconded the original motion or The Chairperson may require movers of moved or seconded the amendment that is lost motions and amendments to provide them in may move or second a further amendment to writing, signed by the mover. it.

22.3 Motions expressed in parts 22.9 Where a motion is lost

The Chairperson, or any member, can require In a situation where a motion that recommends a motion that has been expressed in parts to a course of action is lost a new motion, with be decided part by part. the consent of the Chairperson, may be proposed to provide direction. 22.4 Substituted motion 22.10 Withdrawal of motions and Where a motion is subject to an amendment amendments the meeting may substitute the motion with the amendment, provided the mover and seconder Once a motion or amendment which has been of the original motion agree to its withdrawal. seconded has been put to the meeting by the All members may speak to the substituted Chairperson the mover cannot withdraw it motion. without the consent of the majority of the members who are present and voting. 22.5 Amendments to be relevant and not direct negatives The mover of an original motion, which has been subject to an amendment that has been Every proposed amendment must be relevant moved and seconded, cannot withdraw the to the motion under discussion. Proposed original motion until the amendment has either amendments cannot be similar to an

26 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 66 of 172 BOPRC ID: A2442433 been lost or withdrawn by agreement, as This provision does not prevent the body that above. made the delegation from removing or amending a delegation given to a committee, 22.11 No speakers after reply or subcommittee or subordinate body. motion has been put cl. 32 (2)4 Schedule 7, LGA 2002. A member may not speak to any motion once: 23.3 Requirement to give notice a the mover has started their right of reply in relation to the motion, and A member must give notice to the chief executive at least 5 working days before the b the Chairperson has started putting meeting at which it is proposed to consider the the motion. motion. The notice is to be signed by not less than one third of the members of the local 23 Revocation or authority, including vacancies. Notice can be sent via email and include the scanned alteration of electronic signatures of members. If the notice of motion is lost, no similar notice of motion resolutions which is substantially the same in purpose and effect may be accepted within the next twelve 23.1 Member may move months. revocation of a decision 23.4 Restrictions on actions A member may give the chief executive a under the affected resolution notice of motion for the revocation or alteration of all or part of a previous resolution of the Once a notice of motion to revoke or alter a council, committee or subcommittee. The previous resolution has been received no notice must set out: irreversible action may be taken under the resolution in question until the proposed notice a The resolution or part of the of motion has been dealt with. Exceptions resolution which the member apply where, in the opinion of the Chairperson: proposes to revoke or alter, a the practical effect of delaying b The meeting date when the actions under the resolution would resolution was passed, be the same as if the resolution had c The motion, if any, which the been revoked, member proposes to replace it with, b by reason of repetitive notices, the and effect of the notice is an attempt by a d Sufficient information to satisfy the minority to frustrate the will of the decision-making provisions of local authority or the committee that sections 77-82 of the LGA 2002. made the previous resolution.

If the mover of the notice of motion is unable In either of these situations, action may be to provide this information, or the decision is taken under the resolution as though no notice likely to be deemed a significant decision, the of motion had been given to the chief notice of motion should provide that the executive. proposal is referred to the chief executive for consideration and report. 23.5 Revocation or alteration by resolution at same meeting 23.2 Revocation must be made by the body responsible for A meeting may revoke or alter a previous the decision resolution made at the same meeting where, during the course of the meeting, it receives If a resolution is made under delegated fresh facts or information concerning the authority by a committee, subcommittee or resolution. In this situation 75 per cent of the subordinate decision-making body, only that members present and voting must agree to the body may revoke or amend the resolution, revocation or alteration. assuming the resolution is legally made.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 27 BOPRC ID: A2442433 Page 67 of 172 23.6 Revocation or alteration by 24.3 Voting on procedural recommendation in report motions

The local authority, on a recommendation in a Procedural motions to close or adjourn a report by the Chairperson, chief executive, or debate must be decided by a majority of all any committee or subcommittee, may revoke members who are present and voting. If the or alter all or part of a resolution passed by a motion is lost no member may move a further previous meeting. The chief executive must procedural motion to close or adjourn the give at least two clear working days’ notice of debate within the next 15 minutes. any meeting that will consider a revocation or alteration recommendation. 24.4 Debate on adjourned items

cl. 30 (6) Schedule 7, LGA 2002. When debate resumes on items of business that have been previously adjourned all 24 Procedural motions members are entitled to speak on the items.

24.1 Procedural motions must be 24.5 Remaining business at taken immediately adjourned meetings Where a resolution is made to adjourn a A procedural motion to close or adjourn a meeting, the remaining business will be debate will take precedence over other considered at the next meeting. business, except points of order and rights of reply. If the procedural motion is seconded the Chairperson must put it to the vote 24.6 Business referred to the immediately, without discussion or debate. relevant committee

24.2 Procedural motions to close Where an item of business is referred (or or adjourn a debate referred back) to a committee the committee will consider the item at its next meeting unless the meeting resolves otherwise. Any member who has not spoken on the matter under debate may move any one of the following procedural motions to close or 24.7 Other types of procedural adjourn a debate: motions

a that the meeting be adjourned to the The Chairperson has discretion about whether next ordinary meeting (unless the to allow any other procedural motion that is not member states an alternative time contained in these standing orders. and place), b that the motion under debate should 25 Points of order now be put (a closure motion), c that the item being discussed should 25.1 Members may raise points of be adjourned to a specified time and order place and not be further discussed at the meeting, Any member may raise a point of order when d that the item of business being they believe these standing orders have been discussed should lie on the table and breached. When a point of order is raised, the not be further discussed at this member who was previously speaking must meeting, stop speaking and sit down (if standing). e that the item being discussed should 25.2 Subjects for points of order be referred (or referred back) to the relevant committee. A member who is raising a point of order must state precisely what its subject is. Points of A member seeking to move a procedural order may be raised for the following subjects: motion must not interrupt another member who is already speaking.

28 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 68 of 172 BOPRC ID: A2442433 a disorder – bringing disorder to the motion can be sent via email and include the attention of the Chairperson, scanned electronic signature of the mover.] b language – use of disrespectful, Once the motion is received the chief offensive or malicious language, executive must give members notice in writing c irrelevance – the topic being of the intended motion at least 2 clear working discussed is not the matter currently days’ notice of the date of the meeting at before the meeting, which it will be considered. d misrepresentation – misrepresentation of any statement 26.2 Refusal of notice of motion made by a member or by an officer or council employee, The Chairperson may direct the chief executive to refuse to accept any notice of e breach of standing order – the motion which: breach of any standing order while also specifying which standing order a is disrespectful or which contains is subject to the breach, offensive language or statements f request the recording of words, such made with malice, or as a request that the minutes record b is not related to the role or functions words that have been the subject of of the local authority or meeting an objection. concerned, or 25.3 Contradictions c contains an ambiguity or a statement of fact or opinion which cannot properly form part of an Expressing a difference of opinion or effective resolution, and where the contradicting a statement by a previous mover has declined to comply with speaker does not constitute a point of order. such requirements as the chief executive officer may make, or 25.4 Point of order during division d is concerned with matters which are already the subject of reports or recommendations from a committee A member may not raise a point of order to the meeting concerned, or during a division, except with the permission of the Chairperson. e fails to include sufficient information as to satisfy the decision-making 25.5 Chairperson’s decision on provisions of s.77-82 LGA 2002, or points of order f concerns a matter where decision- making authority has been delegated The Chairperson may decide a point of order to a committee, subcommittee or immediately after it has been raised, or may subordinate body. choose to hear further argument about the point before deciding. The Chairperson’s ruling Reasons for refusing a notice of motion should on any point of order, and any explanation of be provided to the mover. Where the refusal is that ruling, is not open to any discussion and is due to (f) the notice of motion may be referred final. to the appropriate committee or board. 26 Notices of motion 26.3 Mover of notice of motion Notices of motion may not proceed in the 26.1 Notice of intended motion to absence of the mover unless moved by be in writing another member authorised to do so, in writing, by the mover. Notice of intended motions must be in writing signed by the mover, stating the meeting at 26.4 Alteration of notice of which it is proposed that the intended motion be considered, and must be delivered to the motion chief executive at least 5 clear working days before such meeting. [Notice of an intended

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 29 BOPRC ID: A2442433 Page 69 of 172 Only the mover, at the time the notice of cl. 28, Schedule 7, LGA 2002. motion is moved and with the agreement of a majority of those present at the meeting, may 27.2 Matters recorded in minutes alter a proposed notice of motion. Once moved and seconded no amendments may be made The chief executive must keep the minutes of to a notice of motion. meetings. The minutes must record:

26.5 When notices of motion a the date, time and venue of the lapse meeting, b the names of the members present, Notices of motion that are not put when called by the Chairperson must lapse. c the Chairperson, d any apologies or leaves of absences, 26.6 Referral of notices of motion e the arrival and departure times of Any notice of motion received that refers to a members, matter ordinarily dealt with by a committee or f any failure of a quorum, subcommittee of the local authority must be referred to that committee or board by the g a list of any external speakers and chief executive. the topics they addressed, h a list of the items considered, Where notices are referred the proposer of the intended motion must, if not a member of that i the resolutions and amendments committee, have the right to move that motion, related to those items including those and have the right of reply, as if a committee that were lost, provided they had member. been moved and seconded in accordance with these standing orders, 26.7 Repeat notices of motion j the names of all movers, and When a motion has been considered and seconders, rejected by the local authority or a committee, k any objections made to words used, no similar notice of motion which, in the opinion of the Chairperson, may be accepted l all divisions taken and, if taken, a within the next 12 months, unless signed by record of each members’ vote, not less than one third of all members, m the names of any members including vacancies. requesting that votes or abstentions be recorded, Where a notice of motion has been adopted by the local authority no other notice of motion n any declarations of financial or non- which, in the opinion of the Chairperson has financial conflicts of interest, the same effect, may be put while the original o the contempt, censure and removal motion stands. of any members, p any resolutions to exclude members 27 Minutes of the public, 27.1 Minutes to be evidence of q the time at which the meeting concludes or adjourns, proceedings r the names of people permitted to The local authority, committees, stay in public excluded. subcommittees and subordinate decision- making bodies must keep minutes of their Please Note: hearings under the RMA, Dog proceedings. These minutes must be kept in Control Act 1996 and Sale and Supply of hard copy, signed and included in the council’s Alcohol Act 2012 may have special minute book and, when confirmed by requirements for minute taking. resolution at a subsequent meeting and signed by the Chairperson, will be prima facie 27.3 No discussion on minutes evidence of the proceedings they relate to.

30 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 70 of 172 BOPRC ID: A2442433 The only topic that may be discussed at a subsequent meeting, with respect to the minutes, is their correctness.

27.4 Minutes of last meeting before election

The chief executive and the relevant Chairpersons must sign the minutes of the last meeting of the local authority before the next election of members. 28 Minute books

28.1 Inspection

A hard copy of the local authority’s minute books must be kept by the chief executive and be open for inspection by the public. This does not preclude the complementary use of electronic minutes in accordance with the Electronics Transactions Act. s. 51 LGOIMA.

28.2 Inspection of public excluded matters

The chief executive must consider any request for the minutes of a meeting or part of a meeting from which the public was excluded as a request for official information in terms of the Local Government Official Information and Meetings Act 1987.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 31 BOPRC ID: A2442433 Page 71 of 172

Referenced documents • Commissions of Inquiry Act 1908 • Sale of Alcohol Act 2012 • Crimes Act 1961 • Financial Markets Conduct Act 2013 • Local Authorities (Members’ Interests) Act 1968 (LAMIA) • Local Electoral Act 2001 (LEA) • Local Government Act 1974 and 2002 (LGA) • Local Government Official Information and Meetings Act 1987 (LGOIMA) • Marine Farming Act 1971 • Resource Management Act 1991 (RMA) • Secret Commissions Act 1910 • Securities Act 1978

32 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 72 of 172 BOPRC ID: A2442433 Appendix 1: Grounds to exclude the public A local authority may, by resolution, exclude Management Act 1991, to the public from the whole or any part of the avoid serious offence to proceedings of any meeting only on one or tikanga Māori, or to avoid the more of the following grounds: disclosure of the location of waahi tapu, or A1 That good reason exists for e Protect information which is excluding the public from the whole subject to an obligation of or any part of the proceedings of any confidence or which any meeting as the public disclosure of person has been or could be information would be likely: compelled to provide under the authority of any a to prejudice the maintenance enactment, where the making of the law, including the available of the information prevention, investigation, and would: detection of offences, and the right to a fair trial, or i be likely to prejudice the supply of similar b to endanger the safety of any information, or person. information from the A2 That the public conduct of the whole same source, and it is in or the relevant part of the the public interest that proceedings of the meeting would be such information should likely to result in the disclosure of continue to be supplied, information where the withholding of or the information is necessary to: ii be likely otherwise to damage the public a Protect the privacy of natural interest, or persons, including that of deceased natural persons, or f Avoid prejudice to measures protecting the health or safety b Protect information where the of members of the public, or making available of the information would: g Avoid prejudice to measures that prevent or mitigate c disclose a trade secret, or material loss to members of i be likely unreasonably the public, or to prejudice the h Maintain the effective conduct commercial position of of public affairs through –the the person who supplied protection of such members, or who is the subject of officers, employees, and the information, or, persons from improper d In the case only of an pressure or harassment, or application for a resource i Maintain legal professional consent, or water conservation privilege, or order, or a requirement for a designation or heritage order, j Enable any Council holding under the Resource the information to carry out,

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 33 BOPRC ID: A2442433 Page 73 of 172 without prejudice or A4 That the purpose of the whole or the disadvantage, commercial relevant part of the proceedings of activities, or the meeting is to consider a recommendation made to that k Enable any Council holding Council by an Ombudsman under the information to carry on, section 30(1) or section 38(3) of this without prejudice or Act (in the case of a Council named disadvantage, negotiations or specified in Schedule 1 to this (including commercial and Act). industrial negotiations), or l Prevent the disclosure or use A5 That the exclusion of the public from of official information for the whole or the relevant part of the improper gain or improper proceedings of the meeting is advantage. necessary to enable the Council to deliberate in private on its decision or m Provided that where A2 of this recommendation in: Appendix applies the public may be excluded unless, in a Any proceedings before a the circumstances of the Council where particular case, the exclusion of the public is outweighed by i A right of appeal lies to other considerations which any Court or tribunal render it desirable, in the against the final public interest, that the public decision of the Council not be excluded. in those proceedings, or A3 That the public conduct of the whole ii The Council is required, or the relevant part of the by any enactment, to proceedings of the meeting would be make a likely to result in the disclosure of recommendation in information, the public disclosure of respect of the matter which would: that is the subject of those proceedings, and a Be contrary to the provisions of a specified enactment, or b Any proceedings of a Council in relation to any application b Constitute contempt of Court or objection under the Marine or of the House of Farming Act 1971. Representatives.

34 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 74 of 172 BOPRC ID: A2442433 Appendix 2: Sample resolution to exclude the public THAT the public be excluded from the following parts of the proceedings of this meeting, namely:

Name of report(s) …………………………………………………………..

General subject of Reason for passing this Ground(s) under Section 48(1) for each matter to be resolution in relation to each the passing of this resolution considered matter

1 Put in name of report Good reason to withhold exists That the public conduct of the relevant under Section 7. part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)

2 Good reason to withhold exists That the public conduct of the relevant under Section 7. part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)

3 Good reason to withhold exists That the public conduct of the relevant under Section 7. part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists. Section 48(1)(a)

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 35 BOPRC ID: A2442433 Page 75 of 172 General subject of Reason for passing this Ground(s) under Section 48(1) for each matter to be resolution in relation to each the passing of this resolution considered matter

4 Hearings Committee To enable the Committee to That the exclusion of the public from consider the application and the whole or the relevant part of the submissions. proceedings of the meeting is OR necessary to enable the Council/Committee to deliberate in To enable the Committee to private on its decision or consider the objection to fees recommendation in any proceedings and charges. where : OR i) a right of appeal lies to any Court To enable the Committee to. or tribunal against the final decision of the Council/Committee in those proceedings, or ii) the local authority is required, by any enactment, to make a recommendation in respect of the matter that is the subject of those proceedings.

Use (i) for the RMA hearings and (ii) for hearings under LGA such as objections to Development Contributions or hearings under the Dog Control Act s. 48(1)(d).

This resolution is made in reliance on sections 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 7 of that Act, which would be prejudiced by the holding of the relevant part of the proceedings of the meeting in public are as follows:

Item No Interest

Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) (Schedule 7(2)(i))

Protect the privacy of natural persons, including that of deceased natural persons (Schedule 7(2)(a)) Maintain legal professional privilege (Schedule 7(2)(g))

Prevent the disclosure or use of official information for improper gain or improper advantage (Schedule 7(2)(j))

Protect information where the making available of the information (i) would disclose a trade secret, or (ii) would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information (Schedule 7(2)(b))

36 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 76 of 172 BOPRC ID: A2442433 Item No Interest

In the case only of an application for a resource consent, or water conservation order, or a requirement for a designation or heritage order, under the Resource Management Act 1991, to avoid serious offence to Tikanga Māori , or to avoid the disclosure of the location of waahi tapu (Schedule 7(2)(ba)) Protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information - (i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied, or (ii) would be likely otherwise to damage the public interest (Schedule 7(2)(c)) Avoid prejudice to measures protecting the health or safety of members of the public (Schedule 7(2)(d))

Avoid prejudice to measures that prevent or mitigate material loss to members of the public (Schedule 7(2)(e))

Maintain the effective conduct of public affairs through the protection of members or officers or employees of the Council, and persons to whom Section 2(5) of the Local Government Official Information and Meetings Act 1987 applies in the course of their duty, from improper pressure or harassment (Schedule 7(2)(f)(ii)). Enable any local authority holding the information to carry out, without prejudice or disadvantage, commercial activities (Schedule 7(2)(h))

THAT XXXX be permitted to remain at this meeting, after the public has been excluded, because of their knowledge of XXXX. This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because XXXX.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 37 BOPRC ID: A2442433 Page 77 of 172 Appendix 3: Motions and amendments (Option B) Motions without amendments Motions with amendments

Motion moved (Maximum 5 minutes)

Motion seconded Motion moved but not (Seconder may reserve the right seconded, motion lapses. to speak in the double debate – maximum 5 minutes) Amendment (not a direct negative) moved and seconded by persons other Notice of intention to move than the original mover and additional or alternative seconder. motion. (Maximum 5 minutes for mover (Foreshadowed motion) Motion debated and 3 minutes for seconder) (Maximum 5 minutes per NOTE: speaker. If 3 consecutive Movers of the original motion speakers are in support or may speak once to each Motion withdrawn by a opposition, Chairperson may call amendment. majority decision or by for speaker to the contrary and if agreement of mover and none, the motion may be put

seconder. after mover and seconder has exercised right to speak). Amendment debated (Maximum 5 minutes per speaker. If 3 consecutive speakers in support or Amendment withdrawn by a opposition, Chairperson may call majority decision or by for speaker to the contrary and if agreement of mover and none, the motion may be put). seconder. No right of reply. Mover’s right of reply (Maximum 5 minutes)

Chairperson to put Motion Notice of intention to move further amendment maybe given. (Foreshadowed) Motion LOST Motion carried No further action, move to next item or new motion proposed. Mover of original motion may exercise right of reply here

No further discussion permitted, move to next item Chairperson to put Amendment Amendment CARRIED Amendment LOST

Amendment to the original Further relevant amendments Revocation, alteration or motion becomes the new moved and seconded by modification permitted at same substantive motion person other than the original meeting by 75% majority if mover and seconder or mover fresh facts received during and seconder of amendment meeting. Further relevant amendments that was lost. (Maximum 5 to the new substantive motion minutes for mover and 5 minutes moved and seconded by for other speakers) persons other than the original mover and seconder (Maximum 5 minutes for mover and 5 If CARRIED, amendment minutes for other speakers) become substantive motion

If CARRIED, substantive motion is put, either CARRIED If LOST original motion put, or LOST and either CARRIED of LOST

38 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 78 of 172 BOPRC ID: A2442433 Appendix 4: Table of procedural motions

this

Chair Are order? Motion Motion? motion? interval? to reply? to Remarks in order? in Chair the the motion is is motion required? motion be be motion If If lost, can refuse procedural procedural Is mover of of mover Is Is seconder seconder Is Position if a if Position to move this this move to this motion? this discretion to discretion Are previous amendments Position if an if Position Has the Chair Chair the Has be interrupted be interrupted is amendment Can a speaker Can participants before already before already debate entitled entitled debate moved after an an after moved motion entitled motion by the mover of of mover the by Is discussion in in Is discussion

(a) “That the meeting No Yes No As to No No No Yes – If carried, If carried, On resumption of be adjourned to time and 15 minutes debate on the debate on debate, the mover of the next ordinary date only original motion the original the adjournment meeting, or to a and motion and speaks first. stated time and amendment procedural Members who have place’ are adjourned motion are spoken in the adjourned debate may not speak again (b) “That the motion No Yes No No No No No Yes – If carried, only If carried, The mover of the under debate be 15 Minutes the only the motion under debate now put (closure amendment is procedural is entitled to motion)” put motion is put exercise a right of reply before the motion or amendment under debate is put (c) “That the item of No Yes No As to No No NO Yes – If carried, If carried, business being time and 15 minutes debate ion the debate on discussed be date only original motion the original adjourned to a and motion and stated time and amendment procedural place” are adjourned motion are

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 39 BOPRC ID: A2442433 Page 79 of 172

this

adjourned (d) “That the item of No Yes No No No No No Yes – If carried, the Motion not in business being 15 minutes original motion order discussed does lie and on the table and amendment are not be discussed at both laid on the this meeting” table (e) “That the item of No Yes No As to No No No Yes – If carried, the If carried, the business being committe 15 minutes original motion procedural discussed be e, time and all motion is referred (or for amendments deemed referred back) to reporting are referred to disposed of the local authority back etc the committee or to the relevant only committee” (f) “Points of order” No – but may No Yes No No Yes Yes No Point of order Point of order See standing order rule against takes takes 3.14 precedence precedence * Discussion is in order at discretion of Chairperson

40 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 80 of 172 BOPRC ID: A2442433 Appendix 5: Webcasting protocols The provisions are intended as a good 4 PowerPoint presentations, recording practice guide to local authorities that are of votes by division and other webcasting meetings or planning to do so. matters displayed by overhead projector may be shown. 1 The default shot will be on the 5 Shots unrelated to the proceedings, Chairperson or a wide-angle shot of or not in the public interest, are not the meeting room. permitted. 2 Cameras will cover a member who is 6 If there is general disorder or a addressing the meeting. Cameras disturbance from the public gallery, will also cover other key participants coverage will revert to the in a meeting, including staff when Chairperson. giving advice and members of the public when addressing the meeting 7 Appropriate signage will be during the public input time. displayed both in and outside the meeting room alerting people that 3 Generally interjections from other the proceedings are being web cast. members or the public are not covered. However if the Chairperson engages with the interjector, the interjector’s reaction can be filmed.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 41 BOPRC ID: A2442433 Page 81 of 172 Appendix 6: Powers of a Chairperson This Appendix sets out the specific powers Chairperson’s report given to the Chairperson contained in various parts of these Standing Orders. The Chairperson, by report, has the right to direct the attention of the local authority to any Chairperson to decide all questions matter or subject within the role or function of the local authority. The Chairperson is to decide all questions where these standing orders make no Chairperson’s recommendation provision or insufficient provision. The Chairperson’s ruling is final and not open to The Chairperson of any meeting may include debate. on the agenda for that meeting a Chairperson’s recommendation regarding any Chairperson to decide points of order item brought before the meeting. The purpose of such a recommendation is to focus debate The Chairperson is to decide any point of on a suggested motion. order and may do so immediately after it has been raised or may first hear further argument Chairperson’s voting before deciding. The ruling of the Chairperson upon any point of order is not open to any The Chairperson at any meeting has a discussion and is final. No point of order may deliberative vote and, in the case of equality of be raised during a division except by votes, has a casting vote where standing permission of the Chairperson. orders make such provision.

Items not on the agenda Motion in writing

Major items not on the agenda may be dealt The Chairperson may require the mover of any with at that meeting if so resolved by the local motion or amendment to submit it in writing authority and the Chairperson explains at the signed by the mover. meeting at a time when it is open to the public the reason why the item was not listed on the Motion in parts agenda and the reason why discussion of the item cannot be delayed until a subsequent The Chairperson may require any motion meeting. expressed in parts to be decided part by part.

Minor matters not on the agenda relating to Notice of motion the general business of the local authority may be discussed if the Chairperson explains at the The Chairperson may direct the chief beginning of the meeting, at a time when it is executive to refuse to accept any notice of open to the public, that the item will be motion which: discussed at that meeting, but no resolution, decision or recommendation may be made in a Is disrespectful or which contains respect of that item except to refer it to a offensive language or statements subsequent meeting. made with malice; or b Is not within the scope of the role or functions of the local authority; or c Contains an ambiguity or statement of fact or opinion which cannot properly form part of an effective resolution, and the mover has

42 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 82 of 172 BOPRC ID: A2442433 declined to comply with such Chairperson may call a meeting requirements as the chief executive may have made; or The Chairperson:

d Is concerned with matters which are a May call a meeting to dispose of the already the subject of reports or business to be transacted following recommendations from a committee the lapsing of a meeting due to to the meeting concerned. failure of a quorum, if such business cannot be delayed until the next Reasons for refusing a notice of motion should meeting; be provided to the proposer. b May requisition an extra meeting to Where a notice of motion has been considered be held at a specified time and and agreed by the local authority, no notice of place, in order to conduct specified any other motion which is, in the opinion of the business. Chairperson, to the same effect may be put again whilst such original motion stands. Irrelevant matter and needless repetition

Action on previous resolutions The Chairperson’s ruling preventing members when speaking to any motion or amendment If, in the opinion of the Chairperson the from introducing irrelevant matters or indulging practical effect of a delay in taking action on a in needless repetition is final and not open to resolution which is subject to a notice of challenge. motion, would be equivalent to revocation of the resolution; or if repetitive notices of motion Taking down words are considered by the Chairperson to be an attempt by a minority to frustrate the will of the The Chairperson may order words used and meeting, action may be taken as though no objected to by any member, to be recorded in such notice of motion had been given. the minutes, provided such objection is made at the time the words are used and not after Repeat notice of motion any other members have spoken.

If in the opinion of the Chairperson, a notice of Explanations motion is substantially the same in purport and effect to any previous notice of motion which The Chairperson may permit members to has been considered and rejected by the local make a personal explanation in addition to authority, no such notice of motion may be speaking to a motion, and members who have accepted within six months of consideration of already spoken, to explain some material part the first notice of motion unless signed by not of a previous speech in the same debate. less than one third of the members of the local authority, including vacancies. Chairperson rising

Revocation or alteration of previous Whenever the Chairperson rises during a resolution debate any member then speaking or offering to speak is to be seated and members are to A Chairperson may recommend in a report to be silent so that the Chairperson may be the local authority the revocation or alteration heard without interruption. of all or part of any resolution previously passed, and the local authority meeting may Members may leave places act on such a recommendation in accordance with the provisions in these standing orders. The Chairperson may permit members to leave their place while speaking.

Priority of speakers

The Chairperson must determine the order in which members may speak when two or more members indicate their wish to speak.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 43 BOPRC ID: A2442433 Page 83 of 172 Minutes ruling, to leave the meeting, refuses or fails to do so, or having left the meeting, attempts to The Chairperson is to sign the minutes and re-enter without the permission of the proceedings of every meeting once confirmed. Chairperson, any member of the police or The Chairperson and chief executive are officer or employee of the local authority may, responsible for confirming the correctness of at the Chairperson’s request, remove or the minutes of the last meeting of a local exclude that person from the meeting. authority prior to the next election of members. Audio or audio visual attendance Questions of speakers Where the technology is available and a The Chairperson may permit members to ask member is attending a meeting by audio or questions of speakers under public forum or audio-visual link, the Chairperson must ensure deputations/presentations by appointment, for that: the purpose of obtaining information or clarification on matters raised by the speaker. a the technology for the link is available and of suitable quality Withdrawal of offensive or malicious b procedures for using the technology expressions in the meeting will ensure that: The Chairperson may call upon any member i everyone participating in to withdraw any offensive or malicious the meeting can hear each expression and may require the member to other apologise for the expression. ii the member’s attendance Any member who refuses to withdraw the by audio or audio-visual expression or apologise, if required by the link does not reduce their Chairperson, can be directed to withdraw from accountability or the meeting for a time specified by the accessibility in relation to Chairperson. the meeting iii the requirements of Part 7 Chairperson’s rulings of LGOIMA are met

Any member who refuses to accept a ruling of iv the requirements in these the Chairperson, may be required by the standing orders are met. Chairperson to withdraw from the meeting for a specified time. If the Chairperson is attending by audio or audio visual link then chairing duties will Disorderly behaviour undertaken by the deputy chair or a member who is physically present. The Chairperson may: a Require any member or member of the public whose conduct is disorderly or who is creating a disturbance, to withdraw immediately from the meeting for a time specified by the Chairperson. b Ask the meeting to hold in contempt, any member whose conduct is grossly disorderly and where the meeting resolves to find the member in contempt, that resolution must be recorded in the minutes.

Failure to leave meeting

If a member or member of the public who is required, in accordance with a Chairperson’s

44 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 84 of 172 BOPRC ID: A2442433 Appendix 7: Process for removing a Chairperson and deputy Chairperson from office 1 At a meeting that is in accordance 5 A resolution may not be made and a with this clause a regional council requisition may not be delivered less may remove its Chairperson or than 21 days before the day deputy Chairperson from office. specified in the resolution or requisition for the meeting. 2 If a Chairperson or deputy Chairperson is removed from office 6 The chief executive must give each at that meeting the council may elect member notice in writing of the day, a new Chairperson or deputy time, place, and business of any Chairperson at that meeting. meeting called under this clause not less than 14 days before the day 3 A meeting to remove a Chairperson specified in the resolution or or deputy Chairperson may be called requisition for the meeting. by: 7 A resolution removing a Chairperson a a resolution of the council; or or deputy Chairperson carries if a b a requisition in writing signed majority of the total membership of by the majority of the total the council (excluding vacancies) membership of the regional votes in favour of the resolution. council (excluding vacancies). cl. 18 Schedule 7, LGA 2002. 4 A resolution or requisition must: a specify the day, time, and place at which the meeting is to be held and the business to be considered at the meeting; and b indicate whether or not, if the Chairperson or deputy Chairperson is removed from office, a new Chairperson or deputy Chairperson is to be elected at the meeting should a majority of the total membership of the council (excluding vacancies) so resolve.

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 45 BOPRC ID: A2442433 Page 85 of 172 Appendix 8: Workshops Definition of workshop Process for calling workshops

Workshops, however described, provide The chief executive will give at least 24 hours’ opportunities for members to discuss particular notice of the time and place of the workshop matters, receive briefings and provide and the matters to be discussed at it. Notice guidance for officials. Workshops are not may be given by whatever means are meetings and cannot be used to either make reasonable in the circumstances. Any notice decisions or come to agreements that are then given must expressly: confirmed without the opportunity for meaningful debate at a formal meeting. a state that the meeting is a workshop b advise the date, time and place Application of standing orders to workshops c confirm that the meeting is primarily for the provision of information and Standing orders do not apply to workshops discussion, and will not make any and briefings. The Chairperson or workshop decisions or pass any resolutions. organisers will decide how the workshop, briefing or working party should be conducted. Public notice of a workshop is not required and workshops can be either open to the public or Calling a workshop public excluded.

Workshops, briefings and working parties may be called by:

a a resolution of the local authority or its committees b the Chairperson, c a committee Chairperson or d the chief executive.

46 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 86 of 172 BOPRC ID: A2442433 Appendix 9: Sample order of business Open section

a Apologies b Declarations of interest c Confirmation of minutes d Leave of absence e Acknowledgements and tributes f Petitions g Public input h Extraordinary business i Notices of motion j Reports of committees k Reports of the chief executive and staff l Chairperson, deputy Chairperson and elected members’ reports (information)

Public excluded section a Reports of committees b Reports of the chief executive and staff c Chairperson, deputy Chairperson and elected members’ reports (information)

Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 47 BOPRC ID: A2442433 Page 87 of 172 Appendix 10: Process for raising matters for a decision Matters requiring a decision may be placed on an agenda of a meeting by a:

• report of chief executive • report of a Chairperson • report of a committee • notice of motion from a member.

Where a matter is urgent and has not been placed on an agenda, it may be brought before a meeting as extraordinary business by a:

• report of chief executive • report of Chairperson

Although out of time for a notice of motion, a member may bring an urgent matter to the attention of the meeting through the meeting chair.

48 Bay of Plenty Regional Council Standing Orders - Tenth Triennium 2016-2019 adopted 15 November 2016 Page 88 of 172 BOPRC ID: A2442433

Receives Only – No Decisions

Report To: Rotorua Te Arawa Lakes Strategy Group

Meeting Date: 10 March 2017

Report From: Chris Ingle, General Manager, Integrated Catchments

Rotorua Te Arawa Lakes Programme - Status Report

Executive Summary

The purpose of this report is to provide an update on progress made in the Rotorua Te Arawa Lakes Programme, as well as outlining any issues or actions which are not covered by other agenda items.

This report covers the period since the last Rotorua Te Arawa Lakes Strategy Group meeting, held on 20 December 2016. It covers off an update on key programme work and also provides an update on the catfish incursion in Lake Rotoiti.

Recommendations

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, Rotorua Te Arawa Lakes Programme - Status Report;

1 Programme Status

The programme status dashboard is attached as Appendix 1. This provides the simple visual summary of progress on key projects in the programme for the financial year and provides a summary of overall programme progress, planned activities and

programme highlights as well as a summary of current risks in the programme. 2 Project Updates

2.1 Lake Rotorua Gorse Scheme

Around 63 ha of gorse have been converted to trees through the signing of three Gorse Agreements which has resulted in the removal of 2205 kg of nitrogen from the catchment. A further 3 Gorse Agreements are currently being finalised with an additional 2 Gorse Agreements drafted. When fully implemented this will result in a further 80 ha of gorse conversion with a resultant additional reduction of 2800 kg nitrogen. Staff are continuing to work with landowners with gorse blocks to encourage them to engage with the programme. It is believed that the recent release of the dNITRO online tool, which enables landowners to model the economics of converting

Page 89 of 172 Rotorua Te Arawa Lakes Programme - Status Report

pastoral land to commercial forestry or mānuka, will assist landowner engagement with the gorse programme.

2.2 Lake Rotorua Advice and Support

The Lake Rotorua Advice and Support Service was established with $2.2 million (50% Crown funded) until 2022, to assist those landowners affected by proposed new restrictions on nitrogen loss from land use in the Lake Rotorua catchment (Plan Change 10). The service works with landowners affected by the Plan Change, providing them free access to Independent Land Use Advisors who develop Nitrogen Management Plans to show how they will achieve the limits imposed by the Plan Change. Specialist business advice is also available to landowners who are considering land use or land management changes to reduce their nitrogen contribution to the lake.

Since the launch of the service last year 100 landowners have registered for Advice and Support. 44 approved Nitrogen Management Plans have been produced, with a further 34 in various stages of preparation. Over 50% of landowners that have had the current state of nitrogen leaching assessed for their property are either at or below the 2032 discharge limit set for the property by Plan Change 10. There are around 100 properties greater than 40 hectares in size in the Lake Rotorua catchment and 62% of these landowners have now registered for Advice and Support.

2.3 Lake Rotorua Incentives Scheme

The Lake Rotorua Incentives Committee appointed for the current triennium is continuing with the progress made by the previous Committee. A strategic plan has been developed and a communication plan that will pick up on the sales and marketing aspects is being completed.

Negotiations with landowners are progressing with 6.1 tonnes of nitrogen purchased to date with further deals in the pipeline to realise a further 7.2 tonnes by the end of the financial year. Expressions of Interest will be made shortly for landowners who have less than 1 tonne nitrogen available to make application for sale to the Incentives Committee.

2.4 Low Nitrogen Land Use Fund

The five projects signed up are all progressing well and regular meetings are taking place to review outputs at the agreed milestone dates. The dNITRO online modelling tool has been released and the contractor will interact with Māori landowners initially to demonstrate the tool and discuss the opportunities for land use change indicated by the modelling.

A further project is still in negotiation and is likely to be somewhat delayed by the resignation of the key contact from the organisation we are liaising with.

2.5 Proposed Plan Change 10

The BOPRC’s section 42A report and supporting expert witness statements were released to the public 20 January 2016.

The next stage involves the exchange of evidence prior to the hearings. Any submitter had the ability to submit evidence by 22 February 2017. Council then has the ability to lodge rebuttal evidence by 6 March 2016.

2 Page 90 of 172 Rotorua Te Arawa Lakes Programme - Status Report

Hearings commence 13 March 2017.

2.6 Algal Monitoring and Lake Health Warnings

The BOPRC undertakes weekly algal monitoring during the summer period in some key lakes where algae issues have been problematic in the past. The monitoring identifies harmful algae and measures their concentration. These values are compared with Health Guidelines and provided to Toi te Ora, Public Health, for assessment of health risk around the lakes due to algae presence. Over recent years algal numbers have remained low and health warnings due to algal presence have been less frequent than historically.

However this season has produced high algal numbers in Lakes Rotoehu and Okaro. Both these lakes are currently under a health warning advice by Toi te Ora. The harmful algae are more correctly known as cyanobacteria. They typically are green and create bright green scums in affected bays. If lake water is green and there are scums forming on the surface it is likely there is a cyanobacteria bloom and it is not advisable to swim in the water. These organisms can create toxins with a range of possible health effects. Some animals such as dogs are highly susceptible to these toxins.

Last year Lakes Tarawera and Rotokakahi had elevated cyanobacteria numbers to the extent blooms also formed on those lakes. However, this season both these lakes have remained below the red alert level.

These types of blooms typically occur over summer when ambient temperatures increase and stratification of our shallow lakes causes the release of phosphorus from the bottom waters. The alum dosing programme on Lakes Rotorua and Rotoehu have been successful in the past in controlling phosphorus levels in the lakes but for Lake Rotoehu this season conditions have prevailed that have meant algal blooms have occurred despite our alum programme. We are working with a scientist from the University of Waikato to improve the efficacy of our alum dosing on that lake.

2.7 Ohau Wall Resource Consent

The resource consent application for the Ohau diversion wall was submitted to BOPRC in December 2016. As this is an in-house Council project, the application is being assessed by an independent RMA consultant. At the time of writing staff had responded to the request for further information and were awaiting the notification decision.

The resource consent application requests a 35 year term with a full range of environmental monitoring. Iwi and the community have been consulted and where appropriate they are also included in the planned monitoring and reporting over the term of the resource consent. Staff consider that ongoing communication with interested and affected parties will be necessary through the life of the wall to ensure any issues that arise are addressed and managed appropriately.

2.8 Tikitere Zeolite Plant

The project to develop the zeolite plant at Tikitere is progressing well and has reached the detailed design stage, as a suitable site has been determined. A change request is attached for information as Appendix 2. The deed-funded portion of the additional expenditure indicated in the change request will be taken from the programme’s Crown reserves.

3 Page 91 of 172 Rotorua Te Arawa Lakes Programme - Status Report

2.9 Catfish Update

Investigation of the catfish population in Lake Rotoiti remains a key focus for our biosecurity staff and the work encompasses research, control and cordon installation.

The aquatic pest cordon is planned for installation on 13 March, weather dependant. Recent catches have shown the vast majority of the population still seems confined to within Te Weta Bay (95% - 892 of the 938 caught since March 2016). Installation of the cordon will allow us to undertake a robust research programme with the University of Waikato which will help determine just how catfish could impact the ecology of Lake Rotoiti through predation and competition. Research planned for the coming months includes acoustic tagging trials and bait preference trials.

Other sites where small numbers of catfish have been found will be targeted for control measures. Surveillance will also be undertaken in Lake Rotoehu and Lake Ōkāreka. 3 Council’s Accountability Framework

3.1 Community Outcomes

This project/proposal directly contributes to the Water Quality and Quantity Community Outcome/s in the council’s Long Term Plan 2015-2025.

3.2 Long Term Plan Alignment

This work is planned under the Rotorua Lakes Activity in the Long Term Plan 2015- 2025.

Current Budget Implications

This work is being undertaken within the current budget for the Rotorua Lakes Activity in the Annual Plan 2016/17.

Future Budget Implications

Future work on the Rotorua Lakes Activity is provided for in Council’s Long Term Plan 2015-2025.

Linda Goldsmith Rotorua Catchments Manager for General Manager, Integrated Catchments

2 March 2017 Click here to enter text.

4 Page 92 of 172

APPENDIX 1

Te Arawa Rotorua Lakes Programme Dashboard

Page 93 of 172

Page 94 of 172 Rotorua Te Arawa Lakes Programme - January 2017

Programme Manager Linda Goldsmith As of PSG meeting Feb-22 Green ⓿ Programme Highlights - December/January

Project Sponsor Chris Ingle Previous RAG status Green ⓿ Tikitere plant location decision, now consultation and consent applications can proceed in ernest and plant detailed desigh can commence. RAG Status RAG Status Staff attended lake community meetings and LWQS meeting during January to listen to community concerns re water quality and answer questions re our Category Comment on any RAG where status is not Green Oct Current lakes. Overall Green ⓿ Green ⓿ Meeting with Ngāti Whakaue to discuss milestones and negotiate agreement.

Schedule Green ⓿ Green ⓿ dNITRO tool due for go live; meeting scheduled to plan Comms and stage 2 of project (direct contact with selected landowners)

Scope Green ⓿ Green ⓿ Summary sheets for all 30 land uses due to comment by BOPRC

Resources Green ⓿ Green ⓿ Gate review for Origin One Health Project (Dewes) mid month

Budget Green ⓿ Green ⓿ Completed and released the Section 42A report! The Programme is on track . All key project plans are in place and are tracking in accordance with Programme those plans. Overall Progress

Programme Planned Activities Risks

Continue contacting >40 ha landowners to offer Advice and Support First GMP video supplied for feedback - Comms and LMOs reviewed with minor suggestions Overall Risk Register: 8 open risks

Complete process mapping for Advice and Support, Gorse Programme and Incentives Resolution of submissions to the Rotoma/Rotoiti WWTP and LDS. Also respond to Section 92 request. Risks 12 and above: 0 open risks Start with detailed design of Rotoma/Rotoiti WWTP and LDS and progress Rotoma reticulation detailed Continue to contact owners of properties with gorse blocks to offer the Gorse Programme. Risks 8-12: 5 open risks design. Finalise recruitment of Land Management Officer Submit report to Rotorua Lakes Council for Brunswick/Rotokawa sewerage connection. Risks 1-7: 3 open risks Working on project plan with Rerewhakaaitu farmers to get farm plans in place for the greater Continue with Rotorua WWTP resource consent application. Financials Tarawera catchment. Finalising key science projects with Prof Hamilton prior to his departure. Receipt of tenders for detailed design of Rotoma/Rotoiti WWTP and LDS. Currently all finanicals are on track. Change requests related to Deed Beta version of dNITRO tool for available for testing Establish process to resolve submissions to Rotoma/Rotoiti WWTP and LDS resource consent application. expenditure are expected during the year, particuarly around the Lake Rotorua Incentives Scheme, depending on the value of payments Identify requirements for rebuttal evidence, submit rebuttal evidence if deemed to be required, confirm List of 30 land uses agreed and sample page for Landuse Resource Guide provided required during the year. For this meeting CR56 is for endorsement hearing schedule and Review Budget requirements relating to the Tikitere Nitrogen reduction project.

No. Annual Work Plan 2016/17 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Schedule Cost Scope Lake Rotorua

Advice and Support Service Green ⓿ Green ⓿ Green ⓿

Gorse Conversion Scheme Green ⓿ Green ⓿ Green ⓿

Proposed Plan Change 10 Green ⓿ Green ⓿ Green ⓿

50 Tonne Nitrogen Engineering Solutions (including Tikitere Zeolite) Green ⓿ Green ⓿ Green ⓿

P-locking Utuhina and Puarenga Green ⓿ Green ⓿ Green ⓿

Low Nitrogen Land Use Fund Green ⓿ Green ⓿ Green ⓿

Brunswick Sewage Connections Green ⓿ Green ⓿ Green ⓿

Lake Rotorua Incentives Scheme Green ⓿ Green ⓿ Green ⓿

Lake Rotoehu

Weed Harvesting Green ⓿ Green ⓿ Green ⓿

P Locking Soda Springs Green ⓿ Green ⓿ Green ⓿

Lake Rotoiti

Sewage Scheme Curtis Road to Hinehopu Green ⓿ Green ⓿ Green ⓿

Ohau Wall Reconsenting Green ⓿ Green ⓿ Green ⓿ Lake Ōkāreka Page 95 of 172 Lake Ōkāreka Land Use Change (Proposed) Green ⓿ Green ⓿ Green ⓿ Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Schedule Cost Scope

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APPENDIX 2

CR056 Tikitere Nitrogen Reduction Project PDF- Final

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Page 98 of 172 Rotorua Te Arawa Lakes Programme Change Management Request Please attach any papers required to support this Change Request. Change Title Additional Capital for 2016/17 Financial Year‐ Tikitere Project Name Tikitere Nitrogen Reduction Project (TNRP) Change Request No Change Requested By Required by Date (Please indicate if Date Requested change request is Urgent) CR056 Niroy Sumeran 28 February December 2016 Requested Change To endorse a forecast year end over spend of $150,000 for 2016/17 against the TNRP.

Reason for Change

It is estimated that $150,000 has been spent this financial year and it is forecasted that the project will spend an additional $150,000 to achieve planned work up to June 2017.

Expenditure increase are as a result of :  reconfiguration and process engineering; Justification  science confirmation; and  consenting process. Proposed Resolution Approve over spend capital expenditure of $150,000 to continue the TNRP deliverables as set out in the project plan. Tikitere Nitrogen Reduction Project (TNRP) 2016/17 2016/17 2016/17 Annual Plan Year end Year end capital expenditure budget capital forecast expenditure forecast variance $150,000 $300,000 $150,000 overspend

Funded by BoPRC Rerewhakaaitu capital works ($75,000) Funded by Crown Crown reserves ($75,000) ($150,000)

Financial implications

No additional funding is being sought. The TNRP project is 50% funded by the Regional Council and 50% Crown funded. BOPRC to reallocate funding from Lake Rerewhakaaitu Capital project 2016/17 forecast underspend.

As per the 2016/17 Six Month Annual Work Programme report there is sufficient Crown reserves available to be applied to the forecast overspend portion from the Crown.

Project Plan Area Impact of Proposed Changes Note: If possible please provide details of impact in terms of days and dollars

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Rotorua Te Arawa Lakes Programme Impact on Scope None Impact on Risk None Impact on Schedule (Describe Milestone Scheduled New Date Impact in Days impacted Milestones) Date Various inputs are required to allow the 3/07/17 Delay of between 4‐6 project to move into detailed design months for project reconfiguration in July 2017. If no budget is completion.

available to complete predecessor work this will impact on the project being able to

Impact meet deliverable timeframes. Impact on Resources (e.g. Staff, None Technology, Physical) Impact on Cost None Impact on Dependencies ID item 14 on the Gantt chart cannot be undertaken without budget to complete predecessors. Impact on Benefits None Other Impacts None Decision and Delegated Authority Verify Date: : Verified: Approval to Proceed Pending – Review Date Programme Manager / Date Project Sponsor / Date Declined / Approved Linda Goldsmith Chris Ingle

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Rotorua Te Arawa Lakes Programme

Page 101 of 172

Page 102 of 172 Update on Lake Rotorua Incentives Board Activities

Receives Only – No Decisions

Report To: Rotorua Te Arawa Lakes Strategy Group

Meeting Date: 10 March 2017

Report From: Chris Ingle, General Manager, Integrated Catchments

Update on Lake Rotorua Incentives Board Activities

Executive Summary

Negotiations with land owners wishing to sell nitrogen to the Lake Rotorua Incentives Board are progressing well with the Board recently signing off on the sale of 0.356 tonnes bringing the confirmed total of nitrogen purchased to date to 6.1 tonnes.

There are a further six deals in the pipeline with the potential to realise a further 7.2 tonnes by the end of the financial year. The Board has completed the preparation of its Strategic Plan and has commenced work on a communications and engagement plan.

A tendering process has been approved by the Board for small land blocks who have less than 1 tonne in-lake nitrogen available for sale. A call for expressions of interest will be made by the end of March with final decisions for sale and purchase being made by the end of this financial year. This is expected to yield a further 10 tonnes of nitrogen making the calendar year target of 20 tonnes in-lake nitrogen achievable.

The first of the low nitrogen fund projects involving the development of a forestry value assessment tool has been presented to the Board and will be piloted on a number of Maori owned land blocks. It will enable an evaluation of land best suited for forestry to be made including the potential value of aggregating small land blocks. It is a tool that can be readily transferred to pastoral farmers enabling optimal land use value to be assessed.

Recommendations

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, Update on Lake Rotorua Incentives Board Activities ;

1 Background

The objective of the Incentives programme is to permanently reduce the level of nitrogen entering Lake Rotorua by 100 tonnes, within a budget of $40 million, by

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purchasing rights to discharge nitrogen below the level established by the assigned nitrogen discharge allowance (NDA) set by the Bay of Plenty Regional Council. The target deadline for this purchase process is December 2022.

First deals for the sale and purchase of nitrogen (including a deal securing the decommissioning of a dairy farm) have been secured, and increasing interest is being shown by small block owners in particular. Despite the uncertainty of proceeding before the Rules are finalised and some reluctance by larger land block owners to participate at this time, momentum is being maintained to get deals across the line. It is anticipated that interest will grow as the hearings on the Rules proceed, levels of uncertainty are reduced and awareness builds that deals are being secured.

2 Activities

Landowner engagement and completion of nitrogen deals in the pipeline has continued to be the key focus for Incentives staff, while the Board members have been busy preparing and finalising a strategic plan and have more recently commenced work on a communications and engagement plan alongside the regional council communications professionals.

In terms of the closed deals, there are two deals already settled (6.1 tonnes), and a 6 further deals in the pipeline including three new 2017 customers. The total potential Nitrogen purchases currently in the pipeline equate to 7.2 tonnes. The customers are seeking a variety of changes to their land use.

It is anticipated that at least 4 tonnes of the above will be achieved by the end of this financial year leaving a further 10 tonnes to reach an expected in-lake total target of 20 tonnes by the end of this calendar year.

Strong interest has been shown by smaller land blocks as evidenced by the current pipeline opportunities. In order to provide a more rational and cost effective approach to small landowner interests (defined as having less than 1 tonne of nitrogen available for sale), a tender process has been designed whereby calls for expressions of interest will be made by the end of March and decisions confirmed by 1 July 2017. It is expected that this could pull a further 10 tonnes of nitrogen into the mix.

Additionally, the first of the low nitrogen fund projects involving the development of a forestry value assessment tool has been completed and is ready to be launched publically. This is an online tool that will enable land owners to get a feel for the relative value of forestry options (pine trees and manuka) on those parts of their land best suited for trees. It will be piloted among a number of Maori owned blocks and will be useful to assess the value potential of aggregating a number of smaller blocks to create scale and thereby open up development potential of a number of under-utilised land blocks.

This could be a useful tool to look at optimal opportunities on pastoral blocks where selected planting of trees could be assessed. This could potentially create more value for the land owner at the same time presenting opportunities for participation in the Incentives programme particularly for some of the larger pastoral land blocks.

3 Issues 2

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The uncertainty of proceeding prior to the Rules being confirmed remains an on-going issue. Hopefully the advent of the Plan hearings due to begin in March will ultimately deliver greater certainty and associated opportunities for the Incentives programme.

At this stage I would anticipate that around 20% of the 100 tonnes required will come from the small land owner blocks, 30% from the dry stock farmers and 50% from Dairy farmers with 10% of the latter already achieved through the first deal signed off by the Incentives Board.

4 Conclusions

Although the deals in the pipeline are mostly smaller deals, positive momentum and interest in the Incentives programme is being maintained.

Based on current progress, there is confidence that a total of 10 tonnes of in-lake nitrogen will be secured by the end of this financial year and that a target of 20 tonnes is achievable by the end of the 2017 calendar year (cumulative total).

Optimism is further fuelled by the launch of a forestry value assessment tool and the planned roll out of a tender process designed to create a more cost effective and consistent approach for engaging with small land owner blocks.

Finally, hearings on the Rules will commence soon, which will improve certainty for land owners over the course of the year, which is likely to boost interest in the Incentives programme.

5 Council’s Accountability Framework

a. Community Outcomes

The Lake Rotorua Incentives Scheme directly contributes to the Community Outcomes of Water Quality and Quantity and Environmental Protection in Council’s Long Term Plan 2015-2025.

The Lake Rotorua Incentives Committee has the primary objective to contribute to the sustainable improvement of water quality in Lake Rotorua by achieving a 100 tonne reduction of nitrogen entering Lake Rotorua and ensuring this investment of Council is protected in perpetuity.

b. Long Term Plan Alignment

This Incentives Scheme is planned and funded under the Rotorua Catchments Activity of the Bay of Plenty Regional Council’s Long Term Plan 2015-2025 and the Rotorua Te Arawa Lakes Programme. Implementation of the Incentives Scheme in accordance with planned targets directly contributes to KPI 4 of the Long Term Plan which relates to nitrogen reduction in Lake Rotorua, towards the total 320 tonne nitrogen reduction target of the Integrated Framework plus engineering solutions.

Current Budget Implications

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The Lake Rotorua Incentives Scheme is within the current budget for the Rotorua Catchments Activity in the Annual Plan 2016-2017 or Year 2 of the Long Term Plan 2015-2025.

Future Budget Implications

The adoption of the strategic plan is not inconsistent with the current budgets for the Incentives Programme. There are no implications for future expenditure other than that already expected and provided for.

Te Taru White Incentives Programme Director

for General Manager, Integrated Catchments

2 March 2017

Click here to enter text.

Page 106 of 172 1 Rotorua Te Arawa Lakes Strategy Group Doc No: RDC-703052 10 March 2017

File No: 01-63-097-5 RDC-703052

ROTORUA LAKES COUNCIL

Chairperson and Members ROTORUA TE ARAWA LAKES STRATEGY GROUP

UPDATE REPORT FROM ROTORUA LAKES COUNCIL

Report prepared by: Jean-Paul Gaston, Group Manager Strategy and Partnerships Report approved by: Geoff Williams, Chief Executive

1. PURPOSE

To provide a short update on Rotorua Lakes Council (RLC) activity that relates to lake water quality.

2. EXECUTIVE SUMMARY

RLC activity currently underway that impacts the Lakes Programme includes:  Allowing for the urban discharge in PC10 nitrogen accounting system  Wastewater treatment and stormwater projects  Planning Policy  Lakes Community Board

This report provides a brief update against each of these areas.

3. RECOMMENDATIONS:

1. That the report Update Report from Rotorua Lakes Council be received.

4. WASTEWATER TREATMENT AND STORMWATER PROJECTS

The urban sector in PC10:  RLC been working with BOPRC to develop a joint draft approach to integrate the urban sector with the PC10 nitrogen accounting system.  It will be submitted to PSG and the Strategy Group for endorsement in February/March 2017.  An implementation plan is required including how/where it will be required in Regional or District regulations.

Rotorua Wastewater Treatment Plant (WWTP) Upgrade:  Preliminary design of the WWTP upgrade and the discharge system is completed.  The preparation for the resource consent application for the WWTP discharge is well underway and programmed to be completed in April 2017.  RLC met with BOPRC in January to discuss the beneficial re-use of the WWTP discharge water post-WWTP upgrade. It was viewed as a very positive and sustainable way forward. The joint view is to include allowing for non-potable reuse in the consent application and to share ideas on how it could be implemented/administered/managed prior to submitting the application.

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 RLC is supporting an Auckland University study researching the occurrence and fate of selected PPCPs and illicit drugs in wastewater.

Rotoma / Rotoiti Sewerage Scheme:  The resource consent application for the proposed WWTP and land disposal scheme has been submitted. Submissions to the application have also been received and these are being worked through.  Detailed design of the Rotoma reticulation system is progressing well.  Detailed design of the WWTP and land disposal scheme has started.  Trials for the Biolytix system for Rotoiti has started.  Rotorua is supporting a Waikato University MSc student gathering baseline information for the Rotoiti site.

5. PLANNING POLICY AND STRATEGY

Bay of Plenty Regional Council - Plan Change 10: Lake Rotorua Nutrient Management (PC10):  Council has lodged its evidence around PC10. Good discussions have been had with BOPRC staff on the WWTP and associated impacts on growth. The remainder of our evidence carries on from our concerns expressed in meetings last year and in our submission around truly understanding the economic impact and dealing with equity issues particularly with respect to Maori land. We will be continuing to push this line of thinking and will be requesting greater economic analysis is done (on the basis of our experts evidence) to reassess the appropriate NDA allocation approach.

Lakes A Plan Change  RLC are currently seeking a quote for landscape assessment work to be undertaken to inform this plan change.

Vision 2030 – The Rotorua Way and the Rotorua Spatial Plan:  Work is progressing on the Vision 2030 Refresh – The Rotorua Way. This work will dovetail with the Spatial Plan which will be going out for public consultation soon. The Spatial Plan is intended to be a high level blue print for development over the next 30 years. Lake water quality will be a key issue influencing the Spatial Plan.

Water Services and Trade Wastes Bylaw Review:  The Water Services and Trade Wastes Bylaw is due for review and will be going out for public consultation.

6. LAKES COMMUNITY BOARD

Activities undertaken by the Lakes Community Board over the last six months which have a direct impact on lake water quality included increasing the cleaning frequency for Okere Falls and Stoney Point toilets over the busy summer holiday period to promote use of the facilities. Solutions to ease pressures on lake water quality, parking and infrastructure caused by freedom camping in the lakes areas are being investigated, including plans to meet with local iwi to discuss the possibility of alternative ‘managed’ camping locations in the Rotoma/Rotoiti area.

Other matters, which don’t directly have an impact on water quality, included efforts to reduce congestion at boat ramps, solid waste strategy, green waste disposal, mobile phone coverage, mowing contracts in the lakes communities and locations for temporary event signage.

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7. RURAL COMMUNITY BOARD

The majority of activity undertaken by the Rural Community Board since its establishment in October 2016 has been on areas with little or no water quality impact, e.g. rates, roading and rubbish. However, it has been noted that the Rural Community Board area is intersected by the boundary between the Bay of Plenty Regional Council and the Waikato Regional Council, which means their constituents are impacted by two different sets of rules regarding water quality/nutrient run-off.

8. CONCLUSION

Rotorua Lakes Council continues to work across multiple areas towards improved lake water quality as a partner in the Rotorua Te Arawa Lakes Programme.

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Page 110 of 172

Report To: Rotorua Te Arawa Lakes Strategy Group

Meeting Date: 10 March 2017

Report From: Chris Ingle, General Manager, Integrated Catchments

Rotorua Te Arawa Lakes Programme - 6 Month Report (2016-2017)

Executive Summary

The purpose of this report is to seek approval for the Rotorua Te Arawa Lakes Programme Six Month Report for the 2016-2017 financial year (refer Appendix 1). On approval, the report will to be submitted to the Ministry for the Environment in accordance with the requirements of the Deed of Funding.

The details of the report have been discussed and approved through the operational forums of the Programme including Workstream Leaders, the Programme Steering Group and the Chief Financial Officer’s Forum.

Key interventions completed for the six month period 1 July 2016 – 31 December 2016 include: the award of five contracts in relation to the Low Nitrogen Land Use Fund and the payment for the first Incentives Scheme agreement.

Recommendations

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, Rotorua Te Arawa Lakes Programme - 6 Month Report (2016- 2017).

2 Approves the provision of the Rotorua Te Arawa Lakes Programme – Six Month Report 2016-2017 to the Ministry for the Environment as required by the Deed of Funding Agreement.

3 Confirms that the decision has a low level of significance.

1 Introduction

The attached Rotorua Te Arawa Lakes Programme Six Month Report 2016-2017 is prepared to fulfil the reporting obligations to the Crown under the Deed of Funding for the Programme. The Six Month Report provides information on progress towards planned activities for the financial year as set out in the 2016-2017 Annual Work Programme approved by the Minister.

Page 111 of 172 Rotorua Te Arawa Lakes Programme - 6 Month Report (2016-2017)

The report is primarily prepared to provide information on Deed funded activities but also provides information on progress with activities which are not Deed funded, thereby providing a full picture of the Programme’s activity. Highlights The Programme has continued to progress the activities on the Annual Work Programme, and specific successes include reaching 100 farming enterprises enrolled in the Advice and Support scheme, starting the detailed design for the Tikitere Zeolite Plant, and the adoption of the Lake Ōkāreka Land Use Change Project. In addition, work continues to provide science advice as necessary and to ensure effective communication with our community.

2 Council’s Accountability Framework

2.1 Community Outcomes

This project/proposal directly contributes to the Water Quality and Quantity Community Outcome in the council’s Long Term Plan 2015-2025.

2.2 Long Term Plan Alignment

This work is planned under the Rotorua Lakes Activity in the Long Term Plan 2015- 2025.

Current Budget Implications

This work is being undertaken within the current budget for the Rotorua Lakes Activity in the Annual Plan 2016/17.

Future Budget Implications

Future work on the Rotorua Lakes Activity is provided for in Council’s Long Term Plan 2015-2025.

Linda Goldsmith Rotorua Catchments Manager for General Manager, Integrated Catchments

2 March 2017 Click here to enter text.

2 Page 112 of 172

APPENDIX 1

2016 - 2017 Rotorua Te Arawa Lakes Programme (RTALP) 6 Monthly Report DRAFT to RTALSG

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Rotorua Te Arawa Lakes Programme

Six Month Report 2016/17

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Part 1: Purpose

The purpose of this document is to report progress against the 2016/17 Annual Work Programme of the Rotorua Te Arawa Lakes Programme, for the six months ending 31 December 2016. This report is in accordance with Clause 5.3 and 5.4 of the Deed of Funding.

This report provides an update on Deed funded projects both financial and non-financial status. It also provides an update on non-deed funded projects that fall under the Programme.

The overarching goal of the Deed of Funding is to reach community aspirations for water quality in four Deed funded lakes: Rotorua, Rotoiti, Ōkāreka and Rotoehu. To show the status of reaching this goal, there is an update on how each priority lake is tracking in terms of water quality.

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Contents

Part 1: Purpose 3 Part 2: Overview 7 Part 3: Key achievements against Annual Work Programme 11 Part 4: Annual Plan of interventions – Deed Funded Lakes 20

4.1 Lake Rotorua 20

4.2 Planned and Completed Activities – Lake Rotorua 21

4.3 Lake Rotoehu 25

4.4 Planned and Completed Activities – Lake Rotoehu 26

4.5 Lake Rotoiti 27

4.6 4.6 Planned and Completed Activities – Lake Rotoiti 28

4.7 Lake Ōkāreka 29

4.8 Completed activities – Lake Ōkāreka 29 Part 5: Te Arawa Values Framework 31 Part 6: Update on Non-Deed Funded Lakes 33

6.1 Lake Tarawera 33

6.2 Lake Ōkaro 33

6.3 Lake Rerewhakaaitu 33

6.4 Lake Rotomā 34

6.5 Lake Rotokakahi 34

6.6 Lake Ōkataina 34

6.7 Lake Tikitapu 34

6.8 Lake Rotomahana 34

Part 7: Financials 35

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Part 2: Overview

There has been progress across a number of interventions in the 2016/17 Annual Work Programme of the Rotorua Te Arawa Lakes Programme for the six months ending 31 December 2016.

All interventions for Ōkāreka have been completed and a land use change project is underway.

Lake Rotorua

RLC and Actual Year To Date Approved Crown Crown Funding Crown BOPRC Expenditure Funding 2016/17 Received to Funding Annual Plan ($000) ($000) Date Applied to Budget ($000) Date 2016/17 ($000) ($000) 7,270 3,167 3,591 1,716 1,584

There has been progress across a number of interventions in the Lake Rotorua Catchment.

Implementation of existing agreements under the Lake Rotorua gorse scheme has continued for the first half of the year, including gorse control and planting. However, no new agreements have been signed although a number of agreements are pending and should be finalised prior to the end of the financial year. A change has been made in delivering the gorse scheme, to align delivery with the Advice and Support Service for Lake Rotorua, with the aim of streamlining management and marketing.

The connections of several remaining unconnected properties at Brunswick Park to sewerage reticulation have not yet been completed due to special consultation requirements and a change request will be progressed to defer the work to the 2017/18 Annual Work Programme.

The Incentives Board have paid out the first incentives scheme agreement in 2016/17 with a further three pending, which will deliver an estimated 10.45 tonne of nitrogen reduction at the lake.

In terms of engineering interventions, phosphorous locking (alum dosing) continues on Lake Rotorua to maintain water quality. This includes ongoing alum dosing and monitoring of in-lake phosphorus and the dosing protocol has been adjusted as advised by the Water Quality TAG. The alum dosing will continue as required to maintain the lake at its TLI as far as possible.

Staff are undertaking stage 1 investigations into options for the 50 tonne nitrogen removal, with weed harvesting being one of the options.

The resource consent application for the Tikitere plant is being prepared. Engineering investigations are proceeding, with work being undertaken on plant design aspects, geotechnical ground investigations, securing zeolite supply and science confirmation. Key geotechnical investigations are now complete and transition into detailed design can proceed.

Staff involved in delivering Advice and Support are proactively contacting landowners with properties over 40 ha to ensure that they have Nitrogen Management Plans prepared by the time that they are required to apply for a Resource Consent. In total 100 farming enterprises are now enrolled with the Advice and Support Service. From those enrolled, 44 have finalised NMPs and a

Objective Ref: A2497920 Page 121 of 172 7 | Page further 34 are in various stages of preparation. Fifty nine Current State Assessments have been completed and of these 30 have shown they need to make no change to their current farm system in order to achieve their 2032 provisional NDA. Seventeen farming enterprises have taken up Business Support.

The first funding round for the Low Nitrogen Land Use Fund is almost complete with five contracts being awarded with a total value of $667,000. The projects funded include things such as videos on good land management practices, a guide to alternative land use options and a decision support tool for landowners. These projects will roll out over 2017. A further contract is in the final stages of negotiation and will include some trials extending through to 2019. A staff report was presented to the Rotorua Te Arawa Lakes Strategy Group in December 2016, recommending next steps for the remaining funds within the Low Nitrogen Land Use Fund. The Strategy Group resolved that the next funding round would be deferred until 2018 to enable the impacts of the current projects to be assessed.

Lake Rotoehu

RLC and Actual Year To Date Approved Crown Crown Funding Crown BOPRC Expenditure Funding 2016/17 Received to Funding Annual Plan ($000) ($000) Date Applied to Budget Date ($000) 2016/17 ($000) ($000) 236 99 139 70 50

All long term interventions for Lake Rotoehu are now complete. Long term interventions on this lake include land use and land management change (delivered through nutrient agreements with landowners). Short-term interventions (phosphorus locking) continue in order to maintain water quality until land use change takes effect.

A new contract for the weed harvester operator was tendered and awarded in 2016 to enable weed harvesting to continue following the expiry of the previous three year contract in November 2016. Lake Rotoehu weed harvesting will be undertaken again, late summer 2017.

Lake Rotoiti

RLC and Actual Year To Approved Crown Crown Funding Crown BOPRC Annual Date Expenditure Funding 2016/17 Received to Funding Plan Budget ($000) ($000) Date Applied to 2016/17 ($000) Date ($000) ($000) 1,384 348 695 130 174

Tenders for the detailed design of the Rotomā/Rotoiti Waste Water Treatment Plant (WWTP) and Land Disposal Site (LDS) have been received and are currently being evaluated.

Objective Ref: A2497920 Page 122 of 172

The resource consent application for the Ohau Diversion Wall has been submitted to re-consent the wall for a further 35 years. The project team has undertaken a wide range of consultation and achieved support from all key groups. A detailed condition assessment of the Ohau Wall has been undertaken and a draft structural management plan has been received to address the corrosion issues of the wall.

Communications

In relation to communications with our community on the work being undertaken, it is notable that there is a growing community on the RTALP Facebook page, an open rate of 50% for the Lakes e-newsletter and regular features in the lakeside community newsletters and in the farmers’ collective newsletter. In addition, there was a front page story in the Dairy News for the first Incentives Deal.

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Part 3: Key achievements against Annual Work Programme

Key achievements for the first six months of this financial year are shown in the table below. Achievements are shown against the high level outline of the activities planned for the 2016/17 financial year, and as outlined in the 2016/17 Annual Work Programme. The Deed Funded activities are shown in bold.

This table is an overview of key achievements. For information about progress towards targets set out in the Annual Work Programme please refer to Section 5 of the report, please refer to Section 6 for financial progress.

Lake Operations as shown in 2016/17 Annual Work Programme Lake Operations progress as at 31 December 2016

Continue Lake Rotoehu Weed Harvesting. Lake Rotoehu Weed Harvesting will be undertaken again, late summer 2017. A new contract for the weed harvester operator was tendered and awarded in 2016 to enable weed harvesting to continue, following the expiry of the previous three year contract in November 2016. Investigate the feasibility of weed harvesting on Lake Rotorua for Staff are undertaking stage 1 investigations into options for 50 t nitrogen reduction (as part of the 50 t engineering solutions). nitrogen removal. Weed harvesting is one of the options.

Continue phosphorous locking to maintain water quality Phosphorous locking has continued on Lakes Rotoehu and (Lakes Rotoehu and Rotorua). Rotorua to maintain water quality on those lakes.

Continue to pursue resource consents, prepare site and Key Geotechnical investigations have been completed on the review engineering and cost feasibility of Tikitere Zeolite Tikitere site and detailed design is about to commence. Resource Plant in time for scheduled 2018-2019 construction. consent application for Tikitere is now being prepared.

Responsive weed management as required for amenity purposes Responsive weed management will continue across all lakes to across all lakes. respond to queries, generally this occurs in late summer when weed growth is at its height. A new contract negotiated late 2016 with the operator of the harvester will continue to enable this responsive work.

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Lake Operations as shown in 2016/17 Annual Work Programme Lake Operations progress as at 31 December 2016

Once groundwater information is available for Lake Tarawera, The ground water model for Lake Tarawera and contributing consider next steps, e.g. nutrient budget review. catchments has been completed. This now provides a foundation for the lake model and potential to identify the sources of high phosphorus reaching the lake.

Once catchment and lake modelling completed, consider review of In August 2016 the Rotorua Te Arawa Lakes Strategy Group action plans for Ōkaro and Ōkāreka to establish whether further adopted the Lake Ōkāreka Land Use Change Project that directs intervention is necessary in these catchments, e.g. gorse removal, further intervention in the Lake Ōkāreka Catchment and has land use change. three aspects: undertaking a monitoring project of the Rule 11 nutrient cap in the catchment, incentivising a further 100-130 ha of land use change in the catchment and monitoring and review of the Lakes A Zone Plan. Funding is to be allocated to each of these from Deed funding over the coming years. Ōkaro Catchment modelling is on hold due to other priorities. Staff will present action plan review recommendations in the next six months.

The University of Waikato Chair of Science and the Water Quality The University of Waikato and the Water Quality Technical Advisory Technical Advisory Group will continue to provide expert advice Group continue their relationship with the Programme. and scientific rigour for the Programme.

Land Technical Advisory Group to provide technical support for The operation of the LandTAG has been reviewed over the two years land use and land management decisions. of operation. It will now meet as required to provide expertise on specific defined issues.

Continue work to refine function of the Trout Barrier at Staff are continuing to investigate remediation options for the Hamurana Springs by investigating options to alleviate algae Hamurana Trout Barrier algae issue. The aim will be to modify current issues above the barrier and prevent trout from passing above the structure before the end of summer. barrier.

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Lake Operations as shown in 2016/17 Annual Work Programme Lake Operations progress as at 31 December 2016

Implement any actions to manage corrosion of the Ohau Wall. The Ohau Wall corrosion has been technically assessed. Council now has adopted a monitor and maintain approach as the most cost effective way of ensuring the design life of 50 years is achieved.

Prepare and lodge consent application for Ohau Wall for a 35 The consent application was lodged in December 2016. year consent.

Undertake bathymetric survey of Lakes Tikitapu and Rotokakahi. Bathymetric surveys completed for lakes Rotokakahi and Tikitapu.

Trial fish pass in Ohau Wall. Staff are developing a fish pass design for the Ohau Wall to address perceived issues with fish passage.

Monitor forest harvest impact on Lake Rotomā – a 4 year project. A 4 year monitoring project is underway to assess the impact of the forest harvesting currently taking place within the lake’s catchment.

Install monitoring buoy in next lake, subject to approvals. WQTAG identifying the next lake locations to install monitoring buoys.

Continue koura monitoring programme on all twelve lakes. Twelve lake koura monitoring programmes have commenced. This will provide long term and ongoing koura abundance information.

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Policy and Planning as shown in 2016/2017 Annual Work Policy and Planning progress as at 31 December 2016 Programme

Continue Schedule 1 Resource Management Act 1991 process for The Schedule 1 Resource Management Act process has continued Lake Rotorua Nutrient Management rules being made operative. for Proposed Plan Change 10. Further submissions were received during the period, the hearing committee established and hearing dates set for March 2017. Staff have been busy preparing hearing evidence for circulation early in 2017. Identify timeframes for rules to be developed for the ‘Non-Rule 11’ The timeframe for progressing rules for Non-Rule 11 lakes is late lakes. 2017, aiming for notification in 2018. Continue working with lake owners to develop action plan for UoW has completed the first stage Lake Rotokakahi modelling report. Lake Rotokakahi. This has identified information gaps that BOPRC is now monitoring to enable refinement of the modelling and feed into the action plan development. Develop action plan for Lake Rotomahana if needed. Advice on the need to not develop an action plan for Lake Rotomahana will be presented to the programme in the next 6 months. Continue with the implementation of the Te Arawa Values The implementation of Te Tuapapa is focused on three priority Framework that was adopted by the Strategy Group in October workstreams over the 2016/17 financial year. These workstreams 2015. are: embedding Te Tuapapa within the Lakes Programme, cultural research and monitoring and lakes structure consent review.

Objective Ref: A2497920 Page 128 of 172 14 | Page

Policy and Planning as shown in 2016/2017 Annual Work Policy and Planning progress as at 31 December 2016 Programme

Implement Communications Plan approved by the Programme, The main focus for Communications in the first half of the financial with focus on Integrated Framework, the Resource Management year has been to ensure that affected landowners are aware of the Act process in relation to the Lake Rotorua Nutrient Management process for Proposed Plan Change 10 – Lake Rotorua Nutrient package and raising the profile of the Programme. Management and how that fits in to the framework of solutions for protecting Lake Rotorua water quality. There has been very little, if any, negative media attention around the rules which is very encouraging for the programme as it means people understand what we are trying to achieve. While it is outside of the programme, a key issue that has arisen in relation to water quality is the catfish incursion in Lake Rotoiti. Affected communities and stakeholders have received regular communications to ensure they are informed of our next steps and progress. Key milestones achieved include a growing community on the RTALP Facebook page, an open rate of 50% for the Lakes e-newsletter, front page story for the Dairy News for the first Incentives Deal, regular features in the lakeside community newsletters and the farmers collective newsletter. Establish the Nutrient Discharge Management System for nutrient The proposed Nutrient Discharge Management System is undergoing management across all lake catchments. final specification and business case development. Provided funding is approved by the Regional Council for implementation, the system is on track to be operational by December 2017.

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Land Management as shown in 2016/2017 Annual Work Land Management progress as at 31 December 2016 Programme

Continue to implement the Lake Rotorua Gorse Programme, Implementation of existing agreements under the Lake Rotorua including signing up new agreements and implementing gorse scheme has continued for the first half of the year, existing ones. including gorse control and planting. However, no new agreements have been signed although a number of agreements are pending and should be finalised prior to the end of the financial year. A change has been made in delivering the gorse scheme, to align delivery with the Advice and Support Service for Lake Rotorua, with the aim of streamlining management and marketing.

Complete the first funding round for the Low Nitrogen Land The first funding round for the Low Nitrogen Land Use Fund is Use Fund to support land use and land management change almost complete with 5 contracts being awarded with a total in the Lake Rotorua catchment to low nitrogen alternatives value of $667,000. The projects funded include things such as and implement associated contracts. videos on good land management practices, a guide to alternative land use options and a decision support tool for landowners. These projects will roll out over 2017. A further contract is in the final stages of negotiation and will include some trials extending through to 2019. A staff report was presented to the Rotorua Te Arawa Lakes Strategy Group in December 2016, recommending next steps for the remaining funds within the Low Nitrogen Land Use Fund. The Strategy Group resolved that the next funding round would be deferred until 2018 to enable the impacts of the current projects to be assessed.

Objective Ref: A2497920 Page 130 of 172 16 | Page

Land Management as shown in 2016/2017 Annual Work Land Management progress as at 31 December 2016 Programme

Continue to implement the Lake Rotorua Incentives Scheme, The Lake Rotorua Incentives Scheme has continued operation including signing up new agreements and implementing throughout the first half of the financial year. In accordance with existing ones. standard practice, at the end of the previous Council triennium, the Lake Rotorua Incentives Committee was disestablished. All members appointed to the Committee were invited to continue in their roles for the new triennium and Geoff Rice, Dr Tanira Kingi and Dr Tony Petch opted to continue as members. Judith Stanway stepped down from the Committee. Colin Holmes was not re-elected to the Bay of Plenty Regional Council. Councillor Norm Bruning was appointed as Regional Councillor to the Committee and also as Chair of the Committee. Two new Committee members have been appointed by the Regional Council: Kevin Winters, an ex-Mayor of Rotorua, and Elizabeth Hughes, who has expertise in strategy and communications in a Local Government setting. Some changes were also made to the Terms of Reference for the Committee. The purpose of these changes was to implement the recommendations of a recent review of the Incentives Committee undertaken by John Hutchings. This review reflected on the first years of operation of the Committee, considering achievements and opportunities. The resulting changes to the Terms of Reference largely related to better clarifying the relationship between the Incentives Committee and the Regional Council, including better clarifying the role as a Committee of Council. Other changes were made, e.g. including a requirement to secure phosphorous and resolving operational matters which arose during the previous triennium.

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Land Management as shown in 2016/2017 Annual Work Land Management progress as at 31 December 2016 Programme

Continue to implement the Advice and Support Service for Staff involved in delivering Advice and Support are proactively landowner affected by proposed Plan Change 10. contacting landowners with properties over 40 ha to ensure that they have Nitrogen Management Plans prepared by the time that they are required to apply for a Resource Consent. Sixty two percent of properties over 40 ha have now engaged with Advice and Support and 29% of these landowners now have a completed Nitrogen Management Plan. Seventeen landowners have requested Business Support funding. Continue Acacia control in the Lake Tarawera Catchment to Acacia removal was undertaken in September in the reduce nitrogen leaching as required. Tarawera Catchment. The control, funded by the Regional Council occurred over approximately 68 ha at the base of Mt Tarawera.

Incentives Board to make first nitrogen purchases. The Incentives Committee made its first nitrogen purchase in August 2016, securing 5.75 tonnes of nitrogen at lake.

Build phosphorus detainment bunds as suitable sites are identified. No phosphorous detainment bunds have been built in the first half of the financial year. Staff continue to assess opportunities and provide advice to landowners on their use as appropriate.

Continue to support the farming community to implement farm Staff have worked with the Rerewhakaaitu farming community on the management plans in the Lake Rerewhakaaitu Catchment, also development of nutrient/farm management plans for farms in the Inner continue to support other activities of the group including and Outer Catchments of Lake Tarawera (including Rerewhakaaitu). expansion in to surrounding lake catchments. Important to the This is a voluntary action within the Tarawera Lakes Restoration Plan. Programme here is quantifying the nutrient reductions achieved by Staff are working on a project to roll these plans out in the community the Rerewhakaaitu farming community to date. in 2017.

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Sewerage as shown in 2016/2017 Sewerage progress as at 31 December 2016 Annual Work Programme Lodge resource consent applications for Rotorua Wastewater Preparation of resource consent application for the Rotorua WWTP is Treatment Plant, alternative Disposal System and Rotoiti underway. Sewerage Scheme.

Complete detailed design of Rotoma/Rotoiti Wastewater Resource consent for the Rotoiti sewerage scheme has been Treatment Plant and Land Disposal System. lodged and submissions received. Tenders for the detailed design of Rotomā/Rotoiti WWTP and LDS have been received and are currently being evaluated. Continue community engagement at Rotoehu in relation to Engagement meeting and options evaluation for Rotoehu is sewerage with the aim of agreeing on preferred option. progressing well.

Complete the remaining sewerage connections at Brunswick, Report to seek Rotorua Lakes Council approval to engage the Lake Rotorua. community is completed.

Objective Ref: A2497920 Page 133 of 172 19 | Page

Part 4: Annual Plan of interventions – Deed Funded Lakes

4.1 Lake Rotorua

To meet community expectations for water quality in Lake Rotorua nitrogen inputs must not exceed 435 tonnes annually. This limit is set in the Bay of Plenty Regional Policy Statement. To achieve this water quality target for Lake Rotorua the Programme is undertaking both short term and long term interventions. Alum dosing is a short term intervention and to progress Lake Rotorua towards reaching its water quality objective. However, the lake will decline again if alum dosing is not carried out annually and this is not considered a long-term solution to lake water quality. The solution to sustainable improvements is long term reduction of nutrients entering the lake.

Highlights over the last six months:

 The Incentives Scheme has entered into its first nitrogen deal which secured 5.75 tonnes of nitrogen at lake.

 Proposed Plan Change 10 to the Regional Water and Land Plan finalised further submissions under the Schedule 1, Resource Management Act Process. A panel of Commissioners was appointed to hear the proposed Plan Change and hearings are set for March 2017. Staff spent most of the first half of the financial year working on evidence and reports for the hearing.

 The Advice and Support Service continues to make good progress with 100 farming enterprises now enrolled. From those enrolled, 44 have finalised NMPs and a further 34 are in various stages of preparation. Fifty nine Current State Assessments have been completed and of these 30 have shown they need to make no change to their current farm system in order to achieve their 2032 provisional NDA. 17 farming enterprises have taken up Business Support.

 The first funding round for the Low Nitrogen Land Use Fund is almost complete with five contracts being awarded with a total value of $667,000. The projects funded include things such as videos on good land management practices, a guide to alternative land use options and a decision support tool for landowners. These projects will roll out over 2017. A further contract is in the final stages of negotiation and will include some trials extending through to 2019. A staff report was presented to the Rotorua Te Arawa Lakes Strategy Group in December 2016, recommending next steps for the remaining funds within the Low Nitrogen Land Use Fund. The Strategy Group resolved that the next funding round would be deferred until 2018 to enable the impacts of the current projects to be assessed.

 The resource consent application for Tikitere is being prepared. Key Geotechnical investigations have been completed on the Tikitere site and detailed design is about to commence.

Objective Ref: A2497920 Page 134 of 172 20 | Page

4.2 Planned and Completed Activities – Lake Rotorua

Project Deed Total Target Total 6 Month 6 Month Update Budget (Crown Project Funded (by 2032) Achieved Target Reduction and Council) status to Date Achieved vs Total Spend at Six Months Gorse Yes 30 T 2 T N 3.5 T N 0 T N No further agreements have been signed in the Budget (11% of preceding six months. However, several agreements $547,000 Integrated are with landowners for consideration. Staff have Spend Framework) recently changed the operation of the Scheme to better align it to the Advice and Support Service and $123,000 are hopeful that this will improve uptake, particularly as the certainty of proposed Plan Change 10 improves. Work has continued to implement existing agreements and this is where costs are incurred to the Scheme so far this financial year.

Unfortunately one agreement that was signed in the previous financial year has fallen through due to a change in trustees of the block. The new trustees are considering the future land use for the block and would like some further time to consider this. Staff are hopeful that the agreement will proceed again in 2017 and will continue to work with the landowners on this. Rotorua No N/A N/A N/A N/A Preparation of resource consent application is Budget Wastewater underway. $0 Treatment Plant – Alternative Spend Disposal $0 Site Brunswick Yes .67 T N N/A 0 T N 0 T N Report to seek Rotorua Lakes Council approval to Budget Sewage .553 T P 0 T P 0 T P engage the community is completed. $320,000 Connections Spend $1,000

Objective Ref: A2497920 Page 135 of 172 21 | Page

Project Deed Total Target Total 6 Month 6 Month Update Budget (Crown Project Funded (by 2032) Achieved Target Reduction and Council) status to Date Achieved vs Total Spend at Six Months Incentives Yes 100 T N 5.75 T N No target 2.89 T N The Lake Rotorua Incentives Scheme finalised its Budget (37% of set. first deal in the first half of the financial year. This Payments Integrated achieved a 5.75 tonne nitrogen reduction at lake and $4,000,000 represents the first progress towards the 100 tonne Spend Payments Framework) target of the Scheme. The Scheme has also been working on various other deals which it hopes to $2,243,000 secure prior to the end of the financial year. Budget During the first half of the year staff have also Administration developed and proposed to the Committee an $500,000 Expressions of Interest process aimed at reducing Spend transaction and monitoring costs for deals under Administration one tonne. It is planned to role this out in the second $231,000 half of the financial year with the hope it will provide a reasonable contribution to the overall target of the Scheme. Significant work has also been undertaken on administrative processes of the Scheme, including appointing new Committee members for the new triennium, updating the Terms of Reference for the Committee, finalising a robust template due- diligence process for all deals and developing a Scheme Strategy to 2022. P‐Locking Yes As Required As Required As Required 4.87T P The Programme continues with alum dosing and Budget (Utuhina and monitoring of in-lake phosphorus. The dosing $750,000 Puarenga) protocol is adjusted as required. Alum dosing will Spend continue as required to maintain the lake at its TLI as far as possible. $301,000 Tikitere Zeolite Yes 25 T N N/A N/A N/A The Tikitere Nitrogen Reduction Project is Budget Plant 0 T P progressing with work been undertaken on plant $150,000 design aspects, geotechnical ground investigations, securing Zeolite supply and science confirmation. Spend $78,000

Objective Ref: A2497920 Page 136 of 172 22 | Page

Project Deed Total Target Total 6 Month 6 Month Update Budget (Crown Project Funded (by 2032) Achieved Target Reduction and Council) status to Date Achieved vs Total Spend at Six Months Above the Line – Yes N/A N/A N/A N/A This consists of two components, the Advice and Budget Advice Nitrogen Support Service and the Low Nitrogen Land Use and

Management Fund: Support Support ‐ ($5.5 $500,000 Million) 1 100 landowners have now registered with Spend Advice and Support and there are 44 completed $126,000 Nitrogen Management Plans to show how landowners will meet the reductions required by Plan Change 10. 62 % of landowners with properties >40 ha are now registered with Advice and Support and 29% of these have a Nitrogen Management Plan.

2 The first funding round for the Low Nitrogen Land Use Fund is almost complete with 5 contracts being awarded with a total value of $667,000. The projects funded include things Budget Low such as videos on good land management Nitrogen Land practices, a guide to alternative land use Use options and a decision support tool for $500,000 landowners. These projects will roll out over Spend Low 2017. A further contract is in the final stages of Nitrogen Land negotiation and will include some trials Use extending through to 2019. A staff report was presented to the Rotorua Te Arawa Lakes $65,000 Strategy Group in December 2016, recommending next steps for the remaining funds within the Low Nitrogen Land Use Fund. The Strategy Group resolved that the next funding round would be deferred until 2018 to enable the impacts of the current projects to be assessed.

Objective Ref: A2497920 Page 137 of 172 23 | Page

Project Deed Total Target Total 6 Month 6 Month Update Budget (Crown Project Funded (by 2032) Achieved Target Reduction and Council) status to Date Achieved vs Total Spend at Six Months Lake Rotorua No 140 T N N/A N/A N/A Nitrogen gains from Proposed Plan Change 10 will N/A Regional Water (52% of not be made until the rules are operative and and Land Plan – Integrated enforced. 2022 is when the first reductions are Proposed Plan Framework) required under the rules. Change 10 Significant progress continues to be made on the Schedule 1 Resource Management Act process for proposed Plan Change 10. In the first six months of the financial year further submissions were received, the Committee appointed to hear the Plan Change and the hearing dates set. Staff have been preparing evidence to be circulated early in the New Year for the hearing in March. It is expected a Council decision on the Plan Change will be available prior to the end of the financial year, upon which the appeal period will commence. Phosphorous No N/A 0T N N/A 0 T N Further detainment bunds possible in catchment. N/A Detainment 0.02 T P 0.01 T P Will be pursued as opportunities and resources Bunds allow. Floating Wetland No N/A 0.07 T N N/A 0.035 T N 4000 m2 wetland maintained as required. Nutrient N/A 0.01 T P 0.005 T P figures adjusted as understanding improves. Existing Nutrient Yes N/A 3.9 T N N/A 1.95 T N Existing agreements being monitored. Figures Agreements (not 0.07 T P 0.35 T P shown here are reductions at the root zone, i.e. N/A Incentives nutrient loss of the land use activity as measured at Scheme) the root zone by Overseer. Wastewater Yes 9.74 T N N/A N/A 4.87 T N Reticulation is 93.55% completed for Rotorua. N/A Reticulation 0.80 T P 0.40 T P Brunswick connections referred to above still Completed Excludes required to be completed. Figures calculated are Brunswick reductions to lake. (see above) Total Achieved 9.745 T N Total Budget (Full Year) $7,270,000 During Period 5.635 T P Total Expenditure (Six Months) $3,167,000

Objective Ref: A2497920 Page 138 of 172 24 | Page

4.3 Lake Rotoehu

To meet community expectations for water quality in Lake Rotoehu, a reduction of 8.9 tonnes of nitrogen and 708 kg of phosphorus is required. Short-term interventions (phosphorous locking and weed harvesting) are progressing in the lake to improve water quality. However, water quality is affected by annual climatic variations and the lake will decline again if these short term interventions are not carried out annually.

Six monthly progress:

Phosphorous locking has continued.

Harvesting weed from the lake will be undertaken over the late summer harvesting period.

Monitoring of compliance with land use change agreements continues.

Objective Ref: A2497920 Page 139 of 172 25 | Page

4.4 Planned and Completed Activities – Lake Rotoehu

Project Deed Total target Total Six Month Six Month Update Budget (Crown Project Funded achieved to Target Reduction and Council) vs status date Achieved Total Spend at Six Months Existing Yes 6.6 T N 8.45 T N 4.22 T N 4.22 T N Existing agreements being monitored. Figures N/A Nutrient 0.46 T P 0.8 T P 0.4 T P 0.4 T P shown here are reductions at the root zone, i.e. Agreements nutrient loss of the land use activity as measured at the root zone by Overseer. Weed Yes 3.5 T N N/A 0 T N N/A Harvesting planned to commence late summer Budget Harvesting 0 T P 0 T P 2017. $100,000 Spend $5,000 P-Locking Yes As Required N/A As Required 1.57 T P? Alum dosing continues on the lake to maintain Budget water quality. $136,000

Spend $94,000 Constructed Yes N/A 0.05 T N N/A 0.025 T N Existing wetland maintained as required. Nutrient $0 floating wetland 0.01 T P 0.005 T P figures adjusted as understanding improves. Total Achieved 4.245 T N Total Budget (Full Year) $236,000 During Period 1.975 T P Total Expenditure (Six Months) $99,000

Objective Ref: A2497920 Page 140 of 172 26 | Page

4.5 Lake Rotoiti

To meet community expectations for water quality, Lake Rotoiti needs a reduction of 130 tonnes of nitrogen and 19 tonnes of phosphorus. The Ohau Diversion Wall has been in place since 2008 and is improving water quality by diverting Lake Rotorua nutrients from Lake Rotoiti.

Six monthly progress:

 As below, steady progress has been made towards completion of the remaining required sewerage reticulation at Lake Rotoiti.

 The resource consent application for the Ohau Wall has been submitted to re-consent the wall for a further 35 years. The project team has undertaken a wide range of consultation and achieved support from all key groups.

 A detailed condition assessment of the Ohau Diversion Wall was undertaken and draft structural management plan has been received to address the corrosion issues of the Wall.

Objective Ref: A2497920 Page 141 of 172 27 | Page

4.6 Planned and Completed Activities – Lake Rotoiti

Project Deed Total target Total Six Month Six Month Budget (Crown Funded achieved target Reduction and Council) vs Update to date Achieved Total Spend at Six Months Sewerage Yes 4.9 T N N/A 0 T N 0 T N Resource consent application for the Rotoiti Budget Reticulation 1.1 T P 0 T P 0 T P sewerage scheme has been lodged and submissions $870,000 Curtis Road to received. Spend Hinehopu Tenders for the detailed design of the Rotoma $304,000 WWTP and LDS has been received and are currently being evaluated. Ohau Diversion Yes 150 T N N/A 75 T N 75 T N Budget Wall Re- 15 T P 7.5 T P 7.5 T P The Ohau Wall resource consent runs until October $ 514,000 consenting 2017. A contract has been awarded and work has commenced for a replacement consent. Spend $44,000 Completed Rotoiti Yes 5.9 T N 5.9 T N 2.95 T N 2.95 T N This is reticulation is completed and gains are $0 Reticulation: .21 T P .21 T P .10 T P .10 T P realised year on year. Okere, Otaramarae, Whangamarino, Mourea, Okawa Bay Total Achieved 77.95 T N Total Budget (Full Year) $1,384,000 During Period 7.6 T P Total Expenditure (Six Months) $348.000

Objective Ref: A2497920 Page 142 of 172 28 | Page

4.7 Lake Ōkāreka

To meet community expectations for water quality annual nutrient reductions of 2.5 tonnes nitrogen and 80 kg of phosphorus are required.

Despite the work to complete the actions in the Lake Ōkāreka Action Plan, the lake has stubbornly remained slightly above its target Trophic Level Index of 3. In the 2015/16 financial year Lake Ōkāreka achieved a TLI of 3.2, which is also its three year average TLI.

In response to this, in the first half of this financial year, staff recommended to the Rotorua Te Arawa Lakes Strategy Group that a further Land Use Change project in the Lake Ōkāreka Catchment be run to invest in further voluntary land use change. The purpose of this project is to see if further on the ground land use change makes a difference to the TLI. The Rotorua Te Arawa Lakes Strategy Group approved the Lake Ōkāreka Land Use Change Project that directs further intervention in the Lake Ōkāreka Catchment and has three workstreams: undertaking a monitoring project of the Rule 11 nutrient cap in the catchment, incentivising a further 100-130 ha of land use change in the catchment and monitoring and review of the Lakes A Zone Plan.

Funding is to be allocated to each of these workstreams from Deed funding over the coming years and an amendment to the Annual Work Programme is currently being progressed for the 2016/17 year for $50,000 to start this work. Work has commenced on the monitoring of the Rule 11 nutrient cap and negotiations with landowners related to incentives for further land use change have commenced. Work on the Lakes A Zone Plan is pending.

4.8 Completed activities – Lake Ōkāreka

Project Deed Six Month Description Funded Reduction Achieved Sewerage Yes 0.95 T N All reticulation completed. Scheme 0.01 T P Land Use Yes 0.59 T N Existing agreements being monitored. Figures calculated are reductions at root zone. Change 0.11 T P Total 2.01 T N Achieved 0.23 T P During Period

Objective Ref: A2497920 Page 143 of 172 29 | Page Page 144 of 172

Part 5: Te Arawa Values Framework

Te Arawa Lakes Trust developed a values-based framework - Te Tuapapa o nga wai o Te Arawa (Te Tuapapa) - to provide a holistic approach for the management of the Te Arawa lakes and surrounding land.

The implementation of Te Tuapapa was focused on three priority workstreams over the 2016/17 financial year.

Work completed over the last six months

Workstream 1:

 Audit of progress with the Lakes Strategy.

 Attendance at all workstream lead meetings and regular reporting to the TALT Board and Rotorua Te Arawa Lakes Strategy Group.

 Two hui-a-Iwi held to discuss lake weed management, including the Endothall consent application.

Workstream 2:

 Cultural research stock take and gap analysis completed. Included review of the Lakes Programme Science Plan.

 Cultural monitoring project - site specific information collected monthly from Lake Rotorua and Lake Rotoiti.

 TALT confirmed to lead cultural monitoring to implement Tarawera Restoration Plan (eight lakes) – further scoping needed (including engagement with affiliated Iwi and hapu).

Objective Ref: A2497920 Page 145 of 172 31 | Page

Workstream 3:

 Funding from BOPRC confirmed for cultural mapping project (stage 1 – Lakes Rotoehu, Rotoma and Rotorua). Output will include a lake specific cultural values report to inform consent processes. Project completion estimated for March 2017.

 Snapshot obtained of present status (e.g. number of structures, expiry dates, spatial distribution, location of marae and cultural heritage sites).

 Continued work with Council staff to develop a clear and agreed process for resource consents. This includes advancing the existing TALT Lakes Structure Policies and Framework.

Objective Ref: A2497920 Page 146 of 172

Part 6: Update on Non-Deed Funded Lakes

Work has continued on the other non deed lakes to protect and enhance their water quality. Action plans for these non deed funded lakes are all in various stages of formation and implementation. The timing of commencing implementation of the NPS-FM within the Rotorua Water management and a potential plan change to limit land use change goes to the Water Board on 7 February 2017 before going to a Regional Council water workshop on 16 March. It is anticipated Council will make a decision at the RDD Meeting on 29 March. Direction and timeframes will be confirmed shortly afterwards.

6.1 Lake Tarawera

Staff will work with the community to implement that Action Plan which includes work on understanding groundwater interactions in the area. This work will feed into the Lake Tarawera model now being developed by UoW to identify nutrient sources and allow future scenario modelling. This lake is not currently protected by Rule 11 and a focus for the Programme is to progress protection from further nutrient contributions to this lake as soon as resources allow, unfortunately this project is delayed due to resourcing constraints.

Acacia control in the area was completed again this year in September 2016. The clearance of acacias in the area is aimed at reducing nitrogen inputs to the lake. Although this is not the key target nutrient for Lake Tarawera, a reduction in nitrogen along with the biodiversity benefits of acacia removal is viewed as positive.

6.2 Lake Ōkaro

Water quality in Lake Okaro has fluctuated over the last 10 years. All actions in the Action Plan have been completed. The lake reached its target TLI in 2010, 2014, 2015 and 2016. The target of 5.0 is still classified as a eutrophic lake and as such algal blooms are likely to be a regular annual feature.

A catchment detainment bund was completed in 2013/14 aimed at increasing the performance of the wetland by up to 40%. Catchment lake modelling to identify medium term changes expected as a result of interventions is planned, as well as attempting to understand why water quality continues to fluctuate since meeting the target during 2010, 2014, 2015 and 2016, has been put on hold due to other modelling priorities with the UoW.

6.3 Lake Rerewhakaaitu

A Catchment Management Plan for the lake has been completed by local farmers with the support of the Programme. The primary focus now is to implement on farm nutrient management plans for all farms in the catchment and support has been provided for this through the continued appointment of a Programme funded facilitator (new contract issued late last year).

The Programme is attempting to confirm the nutrient reductions achieved by the local farmers and identify whether these meet the nutrient reduction targets specified for the lake. This is complicated by confidentiality issues and uncertainty around the lake catchment boundary. The Programme will also continue to assist with the construction of detainment bunds with willing landowners to restrict phosphorous and soil contribution to the lake, landowner desire to install these has been affected by the lower dairy payout but Regional Council has recently confirmed some additional ability to support these initiatives which may assist.

Objective Ref: A2497920 Page 147 of 172 33 | Page

This lake is not currently protected by Rule 11 and a focus for the Programme is to progress protection from further nutrient contributions to this lake as soon as resources allow, unfortunately this project is delayed due to resourcing constraints.

6.4 Lake Rotomā

The only outstanding action for Lake Rotomā is sewage reticulation. The reticulation is a combined scheme for Lake Rotoiti as outlined above. Work has commenced on a four year study to understand the effects of forest harvesting on phosphorous in the lake.

6.5 Lake Rotokakahi

Staff continue to work with the private lake owners to develop an action plan. This involves ensuring specific modelling is completed to support the lake model.

6.6 Lake Ōkataina

The Lake Ōkataina Action Plan has been progressing with implementation and the possibility of two landuse change agreements (in accordance with the Action Plan) has arisen. Staff will continue to work on this with the landowners through its early stages. There is a budget of $156,000 for 2016/17 for Lake Ōkataina.

The PhD study by UoW on the lake is completed, and a summarised version of the outcomes will be available soon.

6.7 Lake Tikitapu

The main action of sewage reticulation has been completed for Lake Tikitapu in 2010. Minor storm-water mitigation works have been carried out, work on the bioswale drain was discontinued after engineering advice was received and as a solution Rotorua Lakes Council upgraded the carpark outside the nearby holiday park to ensure run-off filtered through the cesspit sediment interceptors

This lake is not currently protected by Rule 11 and a focus for the Programme is to progress protection from further nutrient contributions to this lake as soon as practicable.

6.8 Lake Rotomahana

Lake Rotomahana has not exceeded its target TLI action plan trigger, therefore an action plan was not necessary.

Objective Ref: A2497920 Page 148 of 172

Part 7: Financials

This section provides financial information as per the Deed of Funding with the Ministry for the Environment. The information contained within this Finance Section aligns with the content of the Annual Plan 2016/17 for both RLC and BOPRC.

Objective Ref: A2497920 Page 149 of 172 35 | Page Page 150 of 172

7.1 Summary of Funding for each Priority Lake for 2016/17 Financial Year

Objective Ref: A2497920 Page 151 of 172 37 | Page

Page 152 of 172

Report To: Rotorua Te Arawa Lakes Strategy Group

Meeting Date: 10 March 2017

Report From: Chris Ingle, General Manager, Integrated Catchments

Disposal of Treated Wastewater: Position Statement from TAG and Proposed Nutrient Accounting approach for Rotorua City

Executive Summary

The Rotorua Lakes Council has agreed to move the city sewage disposal system out of the Whakarewarewa Forest by December 2019. As a result the Lakes Water Quality Technical Advisory Group provided a position statement that outlined the need to ensure any new option for sewage treatment and disposal does not compromise the need to achieve the sustainable nutrient targets for Lake Rotorua. An accompanying nutrient accounting approach has been established by RLC in conjunction with BOPRC staff to establish a way that urban growth in the Lake Rotorua catchment can be accommodated without placing unrealistic constraints on the operation of the Wastewater Treatment Plant (WWTP) or compromising the integrity of the Lake Rotorua nutrient targets.

Recommendations

That the Rotorua Te Arawa Lakes Strategy Group under its delegated authority:

1 Receives the report, Disposal of Treated Wastewater: Position Statement from TAG and Proposed Nutrient Accounting approach for Rotorua City.

2 The Strategy Group supports the Nutrient Accounting approach in principle, recognising that its application will be subject to future planning approval processes that it cannot influence.

1 Introduction

When the RLC agreed to move the city wastewater disposal system from the Whakarewarewa Forest by 2019, the Lakes Water Quality TAG prepared a position statement to provide commentary on the need to ensure any future Wastewater Treatment Plant (WWTP) and associated disposal area did not compromise the long term nutrient targets for Lake Rotorua. The statement is attached as Appendix 1 and is addressed to the community with an interest in the water quality of Lake Rotorua. It is expected that this statement will provide support for RLC in its justification to continue meeting its commitments to the Lake Rotorua nutrient targets.

Page 153 of 172 Disposal of Treated Wastewater: Position Statement from TAG and Proposed Nutrient Accounting approach for Rotorua City

The issue for the Rotorua Lakes Council is that its current resource consent places a limit on its nitrogen and phosphorus discharge to the Rotorua catchment. In time future city growth will bring with it a level of increase in nutrients that can no longer be treated to meet this standard. For the Lake Rotorua catchment nutrients have been allocated according to the “integrated framework” pursuant to proposed Plan Change 10 (BOPRC). No additional nutrients are available for allocation if and when the city expands.

2 Nitrogen Accounting Approach

The attached document: Memo, “Proposed nutrient accounting approach for the Rotorua Wastewater Treatment Plant”, Appendix 2 provides a method where increased urban development can be accommodated without compromising nutrient gains by treatment of new urban areas or by compromising the sustainable nutrient targets for Lake Rotorua in the Regional Policy Statement and the proposed Plan Change 10. Staff will provide a presentation on the accounting approach.

A key point of the accounting approach is that as urban expansion takes place the RLC WWTP is committed to reduce newly introduced nitrogen loads by 90% and the residual 10% allows for a gradual but accounted increase in the RLC resource consent limit for nitrogen. This will preserve the integrity of the Lake Rotorua target load of 435 tonnes of nitrogen.

While the Rotorua Lakes Programme staff from both RLC and BOPRC agree the approach is valid, this presentation is only requesting support in principle as the proposal will be subject to RMA planning processes and approvals at the time of the future RLC resource consent application.

Andy Bruere Lakes Operations Manager for General Manager, Integrated Catchments

2 March 2017 Click here to enter text.

2 Page 154 of 172

APPENDIX 1

Position Statement on Land Disposal of Treated Wastewater Version9 PDF (2) final

Page 155 of 172

Page 156 of 172 A Statement of the Significance of Disposal of Treated Wastewater in the Management of Lake Rotorua

Rotorua Lakes: Water Quality Technical Advisory Group 28 September 2015

Introduction 1. This statement is addressed to any parties with an interest in water quality of Lake Rotorua, particularly as it relates nutrient loads from treated wastewater. It has been prepared following discussions by members of the Water Quality Technical Advisory Group (TAG) established by BoPRC, TALT and RLC to assess technical aspects of lake research. 2. The TAG understands that RLC will stop spray irrigation of treated wastewater in Whakarewarewa Forest by 2019, and is investigating alternative disposal options. The options include the Puarenga Stream, Lake Rotorua and land elsewhere. 3. We note that discharge to the Kaituna River hasn bee ruled out. We agree with this and reflect on the extensive canvassing of alternative methods of waste water disposal that occurred in the 1980s. 4. The TAG notes that early expectations around P storage have largely been met and that there is additional storage available in many locations within the forest. The Rotorua Land Treatment System (RLTS) has reduced P loads from treated waste water below the consent condition since irrigation changed from a weekly to a daily cycle. There is potential, however, for some of the stored P to be lost as a result of soil erosion following harvesting coinciding with heavy rainfall events, and recent modelling indicates a risk of increased P losses. 5. The TAG acknowledges that the land treatment system has not consistently achieved the level of nitrogen reduction that was intended and therefore subsequent upgrades of the wastewater treatment plant were required; these upgrades have reduced loadings to Waipa Stream over time; and that the system complies with its consent conditions re nitrogen reductions in the absence of high annual rainfall. The TAG would like to ensure that adequate consideration is given to the potential for alternative disposal options to impact on other stakeholders and on initiatives to maintain or improve water quality in the Puarenga Stream, Lake Rotorua, the Kaituna River and the Maketu Estuary.

6. The TAG supports the Lakes’ Council’s goal to find a long‐term sustainable solution to waste water disposal, and would support an alternative discharge that meets the goals of no significant increase in the total load of nitrogen and phosphorus to the lake from current levels, and does not compromise meeting the sustainable Lake Rotorua nutrient targets for N and P from the lake catchment. 7. The TAG believes that land disposal offers significant benefits, especially to help meet P load targets, in combination with waste treatment.

Page 157 of 172 Background 8. In 1991 the Rotorua District Council was granted consent to discharge treated wastewater by spray irrigation in Whakarewarewa Forest. Variations to the consent were recently granted. At the time the consent was granted Whakarewarewa Forest was Crown land. The current Consent (No. 60739) is due to expire in 2021. 9. Under the 2008 settlement of a Treaty of Waitangi claim, ownership of Whakarewarewa Forest was returned to iwi. 10. RLC has signed a Deed of Understanding with CNI Forest Management Limited, which commits to cease spray irrigation in Whakarewarewa Forest by 2019. Alternative disposal locations are being considered including discharge to the Puarenga Stream or Lake Rotorua, and these may necessitate additional treatment at the wastewater treatment plant. 11. The TAG is mindful that the decision to stop spray irrigation requires alternative nutrient removal processes, and that discussion on these need to be pursued with urgency to maintain the current trend of improving lake water quality and contribute towards meeting the sustainable nutrient load targets for the lake.

History 12. Eutrophication of Lake Rotorua first became evident in the early 1960s when introductions of invasive macrophytes (oxygen weeds) began causing access and aesthetic issues, and phytoplankton ‘blooms’ occurred caused principally by greater loads of phosphorus and nitrogen. 13. During the 1960s the Rotorua City Council (RCC) upgraded sewerage reticulation in urban areas and built a wastewater treatment plant (WWTP) to replace septic tanks. The WWTP was commissioned in 1973 and discharged to the Puarenga Stream close to where it flows into Lake Rotorua. Concerns about eutrophication in Lake Rotorua led to stringent consent conditions on the amounts of nutrient (N and P) that the WWTP could discharge. 14. During the 1970s and 1980s the Rotorua City Council (which later became the Rotorua District Council and is currently known as the Rotorua Lakes Council) installed tertiary treatment to control nutrient loads to the lake, including alum dosing to remove P. However, consented nutrient load limits were not met consistently during the 1980s due to technical and cost constraints. In the late 1970s it was found that wastewater nutrients comprised a significant fraction of the total N and P load to the lake, and this led to pressure from stakeholders to remove wastewater discharges to the lake. 15. The diversion of treated wastewater away from the lake and its discharge into the Kaituna River below Okere Falls was promoted by NWASCA as part of the Upper Kaituna Catchment Control Scheme. While this option would have had benefits for Lake Rotorua, scientific investigations identified adverse impacts on the Kaituna River and Maketu Estuary. The Kaituna diversion was strenuously opposed by Ngati Pikiao on cultural grounds, and they took the matter to the Waitangi Tribunal. The Waitangi Tribunal recommended that the Kaituna option be dropped, and the government agreed. 16. The TAG understands that the Rotorua Project Steering Committee (RPSC) decided to include discharge to the Kaituna River as a potential option for the initial consultation, but the Cultural Assessment Sub‐committee of the Rotorua Project Steering Committee (RPSC) sought to re‐visit that earlier decision, and the RPSC unanimously supported a motion to have the upper Kaituna removed from the proposal as a potential discharge location. The TAG supports this decision.

Page 158 of 172 17. Following the Waitangi Tribunal recommendation in the 1980s, a number of alternative disposal options for treated wastewater were investigated, of which the most effective was deemed to be a combination of tertiary wastewater treatment followed by land disposal. 18. The Rotorua Land Treatment System (RLTS) was commissioned in 1991 and included tertiary treatment of wastewater (using the Bardenpho process) based on spray irrigation onto 220 ha of plantation trees in the Whakarewarewa Forest, with the dual aims of reducing the nitrogen and phosphorus loads entering Lake Rotorua in a way that was acceptable to the community at the time. Land Treatment Performance 19. The allophanic soils are volcanic in origin, sandy and well drained, with a large capacity for retention of applied phosphorus. Early expectations around P storage have largely been met. Most of the P of wastewater origin has been fixed in top 70 cm of the soil profile. There is ample additional storage available in locations where the depth to groundwater is greater than 70 cm and in the relatively small and currently un‐irrigated reserve areas that were originally set aside for system expansion. 20. Figures 1 and 2 below show the level of ‐ phosphorus derived from wastewater estimated to reach the Waipa stream and phosphorus concentrations in the Waipa Stream respectively.

Figure 1. Loads of total phosphorus in the Waipa Stream derived from treated wastewater in the Waipa catchment, 1991 to 2015.

Page 159 of 172 Figure 2. Concentrations of total and dissolved reactive phosphorus in the Waipa Stream, 1991 to 2015.

21. The RLTS has generally reduced P loads from wastewater well below the consented limit of 3 tonnes per year, particularly since irrigation changed from a weekly to a daily cycle. The annual storages rate of P ha not changed appreciably over time, averaging 133 kg/ha/year (corresponding to 25.6 t/year at the RLTS) from 1991 – 1995, and 127 kg/ha/year (corresponding to 24.5 t/year at the RLTS) from 1995‐2012 based on measurements to 100‐ cm depth. There is potential, however, for some of the effluent‐origin P to be lost as a result of soil erosion following harvesting. Recent modelling (Pers. comm.: Prof David Hamilton, University of Waikato) indicates a risk of increased P losses from the RLTS. Increased concentrations of P in the Waipa Stream appear to have been associated with sediment movementTS in the RL area and may be connected with erosion and harvesting operations during heavy rainfall events. 22. Removal of applied N within the RLTS was expected to occur as a result of plant uptake and microbial denitrification along stream margins and wetland areas. Early expectations around N removal by tree uptake and through denitrification processes have not been met. Soil N stocks increased initially, but little additional N has been stored in the soil since 1995. N losses from the RLTS increased over time until they reached, and at times exceeded, the consent limit (30 tonnes per year). The Bardenpho process was unable to consistently meet the design load reductions for N discharged to the RLTS and it was extended in 2006. Carbon was added that reduced the N load applied to the RLTS down to the design load, but this was still not sufficient to achieve the 30 t/year consented wastewater load limit in the Waipa Stream. For example, in 2011 N losses from the RLTS were 37.5 tonnes per year. More recently the commissioning of the Rotorua MBR plant, has reduced the nitrogen loads applied to the forest so that the consent limit is being complied with at the volume currently being applied, and in the absence of a high rainfall year. 23. There have been positive and negative effects on the tree crop as a result of the RLTS operation. Radiata pine productivity has increased by around 20% (Beets et al. 2014) in upland areas in response to irrigation with wastewater, primarily as a result of improved soil N and P fertility; however, foliar diseases were evident on small trees. Excessive tree mortality occurred in stands of Douglas fir, and of radiata pine adjacent to the corridors where the over‐ground pipework was laid, and in lowland areas where irrigation resulted in anoxic soil conditions. 24. Negative effects of wastewater on tree growth and soil P losses could be mitigated (Beets et al. 2014) by not irrigating areas where soils are likely to become anoxic or are erosion‐prone, by delaying irrigation until trees are about 4 years old, by re‐planting at high stem densities, and by not replanting in permanently wet areas. This would require additional land in conjunction with changes in the crop management regime. BoPRC is currently seeking to reduce nitrogen inputs from the catchment by 270 t per year through controls and incentives on land use. If a total N discharge of 30 t per year is not achieved, then in order to meet the target of 435 t N per year, other sources of N reduction would need to be identified. 26. The TAG would like to emphasise that in the selection of any new treatment process or disposal options, the risk around increasing nutrient loads (N and P) to the lake is given full consideration and the target should be to maintain or improve the quality of treated waste water that is discharged to the environment withe th objective of supporting the Rotorua Lakes Program in reaching the long‐term lake TLI target.

Page 160 of 172 Conclusions a. The treatment and disposal of Rotorua City waste water since 1991, when the Bardenpho plant and the forest irrigation area were commissioned, has been the single most successful intervention to reduce the catchment nutrient loads reaching Lake Rotorua in its history. b. The WQTAG acknowledges that there would be a significant cost associated with either continuing the current land treatment system or developing a new one. c. The WQTAG supports the Rotorua Lakes Council goal to find a long‐term sustainable solution, and would support wastewater treatment with an alternative to a discharge to land subject to it being low risk and the most practicable option when consideration is given to relevant environmental, social, cultural and economic aspects. d. The TAG believes that land disposal offers environmental benefits, especially to help meet P load targets, in combination with waste treatment. e. The WQTAG acknowledges that the future growth of Rotorua needs to be considered and seeks that due consideration is given to the risks and sustainability of any proposed alternative treatment and disposal system because of the risk of increasing the load of nutrients to the lake. f. Whatever option is chosen should not hinder the achievement the target nutrient loads for Lake Rotorua.

Sources consulted:

Beets, P.N. 2014. Statement of evidence. Application to change conditions of consent No 60739.

Beets, P.N., G. Gielen, G.R. Oliver, S.H. Pearce, J. D. Graham. 2013. Determination of the level of soil N and P storage and soil health at the Rotorua Land Treatment site. Scion Report No. 50659.

Beets, P.N., G.R. Oliver, S.H. Pearce. 2014. Assessment of the effects of effluent application on the growth and health of radiata pine and the long term effects on the soil in Whakarewarewa forest. Scion Report No. 53367.

Hamill, K.D. 2014. Statement of evidence. Application to change conditions of consent No 60739.

Lowe, A. 2014. Statement of evidence. Application to change conditions of consent No 60739.

McIntosh, J.J. 2014. Statement of evidence. Application to change conditions of consent No 60739.

Rutherford J. C., R. Pridmore, E. White. 1989. Management of phosphorus and nitrogen inputs to Lake Rotorua. Journal of Water Resources, gPlannin and Management. 115(4):431‐439.

White E., B. Don, M.T. Downes, L. Kemp. 1978. Distribution of plant nutrients in the Kaituna River. NZ Journal of Marine and Freshwater Research 12(1):23‐27.

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APPENDIX 2

Proposed nutrient accounting approach for the Rotorua Wastewater Treatment Plant - RTALSG 10 March 2017 To accompany Land Disposal Statement

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Page 164 of 172 MEMORANDUM

To: Rotorua Te Arawa Lakes Strategy Group Date: 22 February 2017

Prepared by: Alison Lowe, Senior Environmental Scientist (RLC) Alastair MacCormick, Senior Lakes Technical Officer (BOPRC) Subject: Proposed nutrient accounting approach for the proposed Rotorua Wastewater Treatment Plant discharge

Purpose

To propose a nutrient accounting approach to integrate the proposed Rotorua Wastewater Treatment Plant (WWTP) nitrogen discharge limit with catchment nitrogen accounting when rural land changes to urban use. This is required in order to allow for population and visitor growth in Rotorua and can be done in a way that will not compromise the 435 tonnes of nitrogen sustainable target in the Regional Policy Statement.

Objectives

1. To determine a WWTP nitrogen discharge methodology that allows for increasing loads to the WWTP as a result of urban growth.

2. To ensure that the transfer of nutrients to the WWTP from previously un-serviced communities and as a result of land use change, is properly accounted for.

3. To ensure the 435 tonnes of nitrogen sustainable load target is not compromised by the WWTP discharge.

4. To ensure that the WWTP continues to operate as efficiently as practicable.

Principles and Approach

Lakes Programme

1. RLC is a committed partner in the Lakes Programme and improving lake water quality is a key objective.

2. The Programme wishes to allow for the urban sector to grow to in order to meet the aspirations of the community.

3. Allocations and consents will be managed so there is no net increase in the total load of nitrogen to the lake as a result of increases in the WWTP consent limit. Urban sector

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losses include a consented point source discharge from the WWTP and background losses from the land that includes stormwater.

4. The proposed accounting methodology uses a 30 tonne baseline load for the WWTP so that the 435 tonne target is not compromised.

5. It is acknowledged that there continues to be a sewage-derived nutrient discharge from the rural area following expansion of sewage reticulation into the rural area, via the WWTP discharge.

6. The proposed approach fits with the catchment nutrient accounting - rural sector reticulated sewage losses will be accounted for in the WWTP discharge and background land-losses will remain associated with the land.

7. For accounting purposes additional residual loads resulting from new connections to the WWTP since 2001-2004 remain on the land of origin but are also recognised in the WWTP consent limit.

The WWTP discharge limit – proposed approach

A. The 2001–2004 Urban Reticulation Area1 has been defined. During the 2001-2004 benchmarking period, the WWTP was consented to discharge 30 tonnes/year, and so as not to impact the 435 tonne target load, this is used as the baseline WWTP discharge limit.

B. Subsequent Urban Expansion2 will not increase the nitrogen losses to the lake or the nitrogen losses allocated to the parcel of land being subdivided. Nitrogen accounting allows for transfers to and from the parent block that is being subdivided.

C. The WWTP discharge limit can increase from the 2001- 2004 baseline with no increase in the overall load of nitrogen to the lake if losses associated with land use change are accounted for at time of subdivision, and if any existing discharges to the lake are accounted for as they become discharges to sewer.

D. To ensure there is no increase the overall load to the lake, loads discharged to sewer since the benchmarking period are tracked and accounted for as follows:

i. Discharges to sewer from new builds within the 2001-2004 urban area (urban infill) will be an additional load to the WWTP with no allowance added to the baseline WWTP discharge limit unless offset through reductions in the Rural Area3 discharge.

ii. Septic tanks loads that were discharges to the lake in 2001-2004, and have since been connected to sewer as part of the lakeside settlement reticulation programme (20 tonne reduction), have a residual nitrogen load that is added to the WWTP discharge limit, ie 90% of the sewage load forms 20 tonnes septic tank reductions and 10% of 14 kg/Household Unit Equivalent (HUE) is added to the WWTP discharge limit.

iii. Other nitrogen loads that are currently discharged to the lake (e.g. geothermal), and are subsequently discharged to sewer, excluding septic tank loads that were connected to sewer as part of the lakeside settlement reticulation programme, are added to the WWTP mass discharge limit.

1 Urban Reticulation Area is a defined spatial polygon that closely represents the reticulated area during the 2001- 2004 period. 2 Urban Expansion is the residual discharges from the additional reticulated household equivalents that are within the Rotorua groundwater catchment but outside the Urban Reticulation Area. 3 Rural Area is all land area within the catchment that is not Urban Reticulation Area. Page 166 of 172 3

iv. As reticulation extends into new subdivisions in the rural area within the catchment, at the time the land is subdivided the full potential HUEs per hectare in the applicable zone is allowed for when calculating the allocation for the new land use (Table 1) with a sewage allowance at 10% of 14 kg/HUE and this is added to the WWTP discharge limit.

v. Additional nitrogen arising from possible future reticulation outside the Lake Rotorua catchment is not added to the WWTP discharge limit without Programme agreement. These connections may need to be offset from within the Lake Rotorua catchment’s rural area.

E. A WWTP discharge that is lower that the WWTP discharge limit is a reduction in the overall load to the lake and a benefit to the Lakes Programme. A concentration-based target, as well as reduced sewage volumes, will help realise these reductions, and will provide headspace for urban infill and potentially out-of-catchment loads.

WWTP, consent, policy

F. The WWTP will use best practicable technology and operational procedures to maximise nutrient reductions rather than focus on the discharge limit.

G. The new WWTP discharge consent continues to allow for fluctuations and we suggest a 2-year rolling period for the discharge limit.

H. A concentration-based consent limit can work in a nutrient constrained catchment in combination with an upper mass limit that ensures no increase in the overall load to the lake.

I. Accounting for changes since the baseline 2001-2004 period, a WWTP discharge limit of 32.4 t represents no increase in the load to the lake, which could be the consent limit for the first 3-4 years until the upgraded plant is stable and optimised.

J. Following this, a concentration-based upper-limit could be based on most recent demonstrated 2-yr median performance plus say 10-20% that would allow for some variation.

K. In addition to a concentration limit, the 2-year rolling average annual discharge load cannot exceed the discharge mass limit.

L. Consider discharging to sewer where practicable, any point source discharges to the lake or tributaries, with a higher concentration of nitrogen than the WWTP discharge, as treating this water will reduce the load of nitrogen to the lake.

Projected WWTP discharge

The current WWTP discharge is 5.5 mg/l of nitrogen. Figure 1 shows the load of nitrogen to the lake if the WWTP were to continue to discharge at this concentration.

Figure 1 also shows the projected WWTP mass nitrogen discharge limit based on the proposed approach to ensure no overall increase in nitrogen to the lake. The approach assumes a sewage allocation of 1.4 kg per potential house for all subdivision since the 2001- 2004 benchmarking of the Rural Area. Thorough analysis has been done using this assumption.

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A WWTP discharge concentration of around 4.3 mg/l would allow for both urban expansion into the Rural Area and urban infill, with a low chance of increasing the load to the lake, i.e. is unlikely to exceed the WWTP mass limit (Figure 1).

 If the WWTP operates with a lower discharge concentration, or if the volume of discharge water per PE were to reduce, this would result in a reduced load of nitrogen from the urban sector.

 If the WWTP mass discharge limit is based on the proposed approach, this would prevent an increase in the load of nitrogen from the urban sector.

Figure 1. The projected WWTP mass discharge loads, assuming ‘best guess’ growth assumptions (0.79% catchment growth rate; 46:54 ratio for expansion: urban infill) with 3 WWTP discharge scenarios:  If WWTP is not upgraded and continues to discharge nitrogen at 5.5 mg/l (red line);  If WWTP discharges nitrogen at 4.3 mg/l (green line);  If WWTP mass nitrogen discharge limit is based on the proposed approach to allow for urban expansion into the Rural Area (blue line);

Allowing for urban expansion into the Rural Area

Table 1 provides more detail on the assumptions and requirements to ensure that there is sufficient nitrogen available within Nitrogen Discharge Allowances (NDAs) to allow for the transfer of nitrogen associated with the sewage losses in reticulated areas to the WWTP discharge limit without increasing the overall load to the lake. This table can be used to determine the minimum N required at time of subdivision, based on the area of land proposed for the various land use activities. It is anticipated that the information in this table, along with a guide, would be provided for use to determine allocation requirements.

The estimated average N required under different zoning scenarios is presented in Table 2.

The projected N required depends on the restrictions, zoning and land use. The estimated required nitrogen has been compared to NDAs for polygons of land in zones RD1, RD4 and RD5 excluding land in the old urban sector, forest, wetlands, bush and scrub. With the exception of these exclusions, all farmed land in RD4 and RD5 has sufficient pNDA and all land except 1 parcel in RD1 was within 3% of the required pNDA. Where the property NDA is not high enough to enable the planned subdivision, options such as retirement of land, purchase of N or an exemption by the BOPRC or RLC will need to be considered at the discretion of the two Councils or Programme.

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Table 1. Nitrogen allocation required for subdivision

Residential zones where no Rural zones with potential Land use and Activity grazing is allowed for grazing

Sealed roads and other impermeable surfaces not Area of land at 0.5 kg N/ha/yr N required non-house- available for house lots lot for land losses Restricted or specified land use and reserves not available for Area of land with at applicable N loss rate house lots

Impermeable surfaces Area of land at 0.5 kg allocation (350 m2/potential N/A N/ha/yr house)

Restricted or specified use land Area of land at covenented loss rate available for house lots N required for house-lot land losses Cultivated garden allocation at 138% of the house block Gardenlosses N/A reference file (in 6.2.0 108 kg N/ha/yr) Remaining land at 23.3% of Potential pastoral area at pastoral drystock reference 71% pastoral drystock Background losses file (in 6.2.0 equals 5.9 kg reference file (in 6.2.0 equals N/ha/yr) 18 kg N/ha/yr)

N required for sewage Sewage losses Sewage allocation per potential house (based on zone) losses

N required for other Other losses other losses

Total N required for Sum of above Sum of above subdivision

Notes Potential house numbers The total number of houses that can be built on the total parcel area including restricted land, under any restrictions on the title. Potential pastoral land use The area of the lot that is permitted to be used for pastoral grazing (Where there are no restrictions on the title the potential pastoral area is the area of the lot. This includes any house sites and unformed roads )

Restricted or specified land use The area of the lot where there are legal constraints on land use. In most cases this will be an area of trees where there is a covenant on the title (e.g. through a BOPRC environmental programme, a QEII covenant, a designated SNA or a consent notice). For these areas an appropriate N discharge for the land use should be used. Sewage allocation per potential 13.5 kg Non-reticulated - septic tank house 3.0 kg Non-reticulated -advanced OSET that discharges 15 mg/l N or less 1.4 kg Reticulated to Rotorua WWTP Cultivation allocation per potential RD1 (0.045ha mean min lot) is 25 m2/house house RD4 (0.1 ha mean min lot) is 50m2/house RD5 (0.2 ha mean min lot) is 100 m2/house Rural zones is overseer or background grazing loss

The table above represents the minimum requirements. Any consented discretionary use and allocations need to be allowed for. If restricted non-pastoral land uses are being included, measure the area on each lot. Alternatively higher land losses (e.g. as for pasture) could be assigned to negate the need to identify the exact area of restricted land use.

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Table 2. Estimated nitrogen requirements per ha by zone (relative to Overseer 6.2.0) Residential Residential Residential Rural Lifestyle Rural Lifestyle Rural Working low-density lifestyle lifestyle (reticulated) (Osets) (Osets) lakeside Zone RD1 RD4 RD5 RR2 RR2 RR1 Sewage Reticulated Reticulated Reticulated Reticulated Oset Oset Average lot size (minimum m2) 450 1000 2000 8000 8000 152500 Potential number of houses per lot 1 1 1 2 2 2 Garden area allocation per potential house (m2) 22.5 50 100 background background background Impermeable surface allocation per potential house (m2) 350 350 350 background background background Potential to graze based on zoning no no no yes yes yes

Loss rates Land not available for house lots (kg/ha) 5.9 5.9 5.9 5.9 5.9 5.9 Roads (kg/ha) 0.5 0.5 0.5 0.5 0.5 0.5 Impermeable surfaces rainfall (kg/ha) 0.5 0.5 0.5 0.5 0.5 0.5 Garden losses (kg/ha) 108.0 108.0 108.0 Background grass (with/without grazing) (kg/ha) 5.9 5.9 5.9 18.0 18.0 18.0 Allocation for sewage losses (kg/ potential house) 1.4 1.4 1.4 1.4 3.0 3.0

Non-houselot land (% of total area) 35.00% 35.00% 35.00% 35.00% 35.00% 35.00% Roads (estimated % of total area) 18.00% 18.00% 18.00% 18.00% 18.00% 18.00% Other (estimated % of total area) 17.00% 17.00% 17.00% 17.00% 17.00% 17.00% Estimated N for non-houselot land losses (kg/ha) 1.1 1.1 1.1 1.1 1.1 1.1

Houselot land (% of total area) 65.00% 65.00% 65.00% 65.00% 65.00% 65.00% Potential number of houses per ha (on land available for house lots) 14.4 6.5 3.3 1.6 1.6 0.1 Impermeable surfaces 50.56% 22.75% 11.38% Garden 3.25% 3.25% 3.25% Remaining area 11.19% 39.00% 50.38% 65.0% 65.0% 65.0% Estimated N for houselot land losses (kg/ha) 4.4 5.9 6.5 11.7 11.7 11.7

N required for sewage (kg/ha) 20.2 9.1 4.6 2.3 4.9 0.3 Estimated total N required per ha (includes land that will be roads and reserves with a lower allocation) 25.7 16.1 12.2 15.1 17.7 13.0

Estimated N/ha on houselot land following subdivision, including sewage allocation (ie available for future subdivision of this land) 23.1 17.1 21.5 25.5 18.4

Possible consent conditions

A combination of a mass load and concentration based consent conditions, such as the following, might be proposed in the Resource Consent application:

a. The average N discharges from the WWTP over a 2-year period does not exceed the WWTP mass discharge limit based on this approach.

b. An upper limit on the 2 year rolling median discharge concentration is determined following the WWTP upgrade, based on the median concentration achieved in years 2 and 3 (which allows for settling and optimisation) plus a 10% (15%?) margin.

Required work to implement this approach

1. Agreement reached by all parties.

2. The definition of “urban reticulated area” to be spatially defined in the NDA allocation layer (“pNDA layer) and shared with RLC.

3. Determine the process for allocation of pNDA at time of subdivision, process for accounting for the nitrogen losses at the WWTP, process for accounting for other loads to sewer, including roles and responsibilities of both parties.

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Recommendation

1. That the Objectives, Principles and Approach above are endorsed by the Rotorua Te Arawa Lakes Strategy Group; noting that such endorsement cannot pre-determine the resource consent process for the proposed WWTP nor any consent conditions that may result from that process.

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