Komiti Māori

NOTICE IS GIVEN that the next meeting of the Komiti Māori will be held in Wharenui, Te Papaiouru Marae, Mataiawhea Street, Ohinemutu, Rotorua on:

Thursday, 27 April 2017 commencing at 9.30 am.

Please note that a powhiri/welcome will be held at 9.30 am prior to the commencement of the hui.

Mary-Anne Macleod Chief Executive 19 April 2017

Komiti Māori Terms of Reference

The Komiti Māori has the core function of implementing and monitoring Council’s legislative obligations to Māori. Delegated Function To set operational direction for Council’s legislative obligations to Māori and monitor how these obligations are implemented. This will be achieved through the development of specific operational decisions which translate legislative obligations to Māori into action. Membership Three Māori constituency councillors and three general constituency councillors (the membership of the general constituency councillors to be rotated every two years), and the Chairman as ex-officio. Quorum In accordance with Council standing order 10.2, the quorum at a meeting of the committee is not fewer than three members of the committee. Co-Chairs to preside at meetings Notwithstanding the Komiti Māori has an appointed Chairperson, Māori Constituency Councillors may host-Chair committee meetings that are held in the rohe of their respective constituency. Term of the Committee For the period of the 2016-2019 Triennium unless discharged earlier by the Regional Council. Meeting frequency Two-monthly. Specific Responsibilities and Delegated Authority The Komiti Māori is delegated the power of authority to:

• Monitor Council’s compliance with its obligations to Māori under the Local Government Act 2002 and the Resource Management Act 1991; • Approve actions to enhance Māori capacity to contribute to Council’s decision-making processes for inclusion in the development of the Long Term Plan; • Recommend to Council effective Maori consultation mechanisms and processes; • Identify any relevant emerging issues for the region relating to the principles of the Te Tiriti o Waitangi, legislative obligations to Māori under different statutes and programmes to build the capability of Māori; • Facilitate tangata whenua input into community outcomes, Council policy development and implementation work;

BOPRC ID: A2460603 Page 3 of 64 • Formally receive iwi/hapū management plans; • Make submissions on Māori related matters, except where the submissions may have a wide impact on Council’s activities, in which case they might be handled by the Regional Direction and Delivery Committee or Council; • Establish subcommittees and delegate to them any authorities that have been delegated by Council to the Komiti Māori and to appoint members (not limited to members of the Komiti Māori); • Approve its subcommittee’s recommendations for matters outside the subcommittee delegated authority; • Recommend to Council the establishment of advisory groups to represent sub-region or constituency areas and to consider specific issues.

Note:

The Komiti Māori reports directly to the Regional Council.

BOPRC ID: A2460603 Page 4 of 64 Membership

Chairperson: A Tahana

Deputy Chairperson: T Marr

Ex Officio: Chairman D Leeder

Councillors: Councillors: W Clark, D Love, L Thurston

Committee Advisor: N Moore

Recommendations in reports are not to be construed as Council policy until adopted by Council. 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 Komiti Maori - 03 March 2017 9 7 Reports

7.1 He Matapuna Akoranga - Options to Memorialise the late Te Awanuiarangi Black 15

7.2 Te Mana Whakahono a Rohe/Iwi Participation Agreements 19

7.3 Remediation Project at Ruha Road, Rotorua 27

7.4 Update on Proposed Plan Change 10 - Lake Rotorua Nutrient Management 35

Page 5 of 64 7.5 General Manager Strategy and Science Update 41

APPENDIX 1 - Komiti Maori Actions from 3 March 2017 49

7.6 Update on the Pou Ngaio Role 53

7.7 Bay of Plenty Civil Defence Emergency Management Update 59 8 Consideration of General Business 9 Open Forum

A short period of time will be set aside at the conclusion of the meeting to enable tangata whenua and members of the public to raise matters. Any matters raised and the time allowed for each speaker will be at the discretion of the Chair. No decisions can be made from matters raised in the Open Forum. 10 Closing Karakia

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Previous Minutes

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Page 8 of 64 Minutes of the Komiti Māori Meeting held in the Wharenui, Te Whetu o te Rangi Marae, 612 Welcome Bay Road, Tauranga on Friday, 3 March 2017 commencing at 9.30 am.

Click h ere to enter text.

Present:

Chairman: Councillor A Tahana

Councillors: L Thurston, D Love, W Clark

In Attendance: M Macleod (Chief Executive), C Ingle (General Manager Integrated Catchments), F McTavish (Group Manager Strategy & Science), K O'Brien (Strategic Engagement Manager), P de Monchy (Kaituna Catchments Manager), N Moore (Committee Advisor), S Hohepa (Māori Policy Advisor), A Vercoe ((Māori Policy Team Leader), C Stephenson (Relationship Manager), C Koopu (Māori Policy Advisor), E Sykes (Community Engagement Officer), J Waldon (Internal Services Manager), K Gosling (Community Engagement Team Leader), K Heitia (Strategic Engagement Coordinator), L Tauroa (Internal Services Officer)

Manuhiri: C Savage (Department of Conservation)

Presenters: K Barclay, N Te Kani, C Williams (Tauranga Moana Museum Trust)

Tangata Whenua: K Ellis, M Tapsell, A Coffin, T Rangitaha, A Thatcher, L Ohia, A Black, P Black, L Cairns, R Hohaia, C Nepia, M Te Wheoro, T Blake, W Rameka, K Smallman, V Smallman, C Reeder, K Pukekura, M Duncan, P Black, C Bidois, A August, P Tapsell, P Akuhata (Kaumatua),

Apologies: Chairman D Leeder, Councillors T Marr and J Nees

1 Karakia

2 General Business

The following item was raised for consideration under General Business:

1 Tauranga Moana Museum Trust Presentation

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 Receives and considers the General Business item.

Thurston/Love CARRIED

Page 9 of 64 1 Komiti Māori Friday, 3 March 2017

3 Declaration of conflicts of interest

There were no conflicts of interest declared.

4 Komiti Māori minutes - 31 August 2016

Resolved

That the Komiti Māori under its delegated authority:

1 Confirms the minutes of the Komiti Māori meeting held on 31 August 2016.

Thurston/Love CARRIED

5 Te Akaaka Rauwhero, Mana tu, Mana toa, Mana akeake He Tohu Maumahara mo Te Awanuiarangi Black

Special tributes were given to recognise the work, achievements and legacy of the late Awanui Black. The Chairperson, Councillors, council staff and tangata whenua shared stories and accounts that emphasised the legacy of a respected leader who was an orator, historian, educator, politician, kapa haka exponent, champion of te reo Māori, and friend and counsel to many. His contribution and positive influence was widespread throughout the mōtū, and his willingness to help whānau and others was well-known. Awanui was acknowledged for naming Regional Council ’Toi Moana’ and for composing the Toi Moana waiata. He would be missed dearly while remembered forever.

Special thanks were extended to his whanau, with the presentation of a commemorative photo album depicting his contribution and involvement with the Regional Council, hapū and iwi.

The establishment of an appropriate initiative to commemorate Awanui Black on a long term basis was supported.

An offer was extended to the whānau from the Tauranga Moana Museum Trust who also wished to commemorate Awanui Black through the naming of an exhibition room at the museum.

Carlton Bidois offered, on behalf of Te Pirirakau hapū, to engage a whakairo expert to produce a carving for Council in honour of Awanui Black. Resolved

That the Komiti Māori under its delegated authority:

1 Receives the report, Te Akaaka Rauwhero, Mana tu, Mana toa, Mana akeake He Tohu Maumahara mo Te Awanuiarangi Black ;

2 Approves the establishment of an appropriate initiative to commemorate the late Councillor Te Awanuiarangi Black.

Tahana/Love CARRIED

A2577863 Page 10 of 64 2 Komiti Māori Friday, 3 March 2017

6 Pāpāmoa Hills Cultural Heritage Regional Park expansion

Pim de Monchy (Kaituna Catchments Manager) and Matire Duncan (Ngā Potiki) presented on the addition of 8b Poplar Lane to the Pāpāmoa Hills (Te Rae o Pāpāmoa) Cultural Heritage Regional Park. The property addition encompassed a culturally significant pa complex and ridgeline, as well as road frontage and flat land that could provide possible future access to the Park via Poplar Lane. Resolved

That the Komiti Māori under its delegated authority:

1 Receives the report, Pāpāmoa Hills Cultural Heritage Regional Park expansion.

Tahana/Thurston CARRIED

7 Komiti Māori Draft Terms of Reference

Anaru Vercoe (Māori Policy Team Leader) reported on the proposed terms of reference (TOR) for Komiti Māori. The new triennium was an opportune time to consider updating the TOR. As requested by the Chair of Komiti Māori, staff have proposed amendments to enable Komiti Māori to evolve its mandate and look to improve its effectiveness. Resolved

That the Komiti Māori under its delegated authority:

1 Receives the report, Komiti Māori Draft Terms of Reference;

2 Recommends that the Regional Council approve the proposed Terms of Reference for Komiti Māori.

Tahana/Love CARRIED

8 General Manager Strategy and Science Update

Fiona McTavish (Group Manager Strategy & Science) provided an update on matters of interest which included:

 Treaty Symposium

 Kaituna River Document

 Matauranga Māori project

 Mauao by-election

 Kotahitanga Student programme

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Ms McTavish noted that Awanui Black was a great advocate for the Welcome Bay Bus Service and was keen to see it extended into the rural area of Welcome Bay. Council will be reviewing its transport network in the near future.

Kiamaia Ellis (Ngāi Te Rangi Environmental Officer) spoke about the value that Council’s summer student programme provided for the iwi. Mihikeita Ngata, summer student for Māori policy was deployed to work with the iwi during her tenure with Council. This arrangement provided the iwi with a dedicated resource for three months. The iwi greatly appreciated this initiative and requested that it continue into the future.

Resolved

That the Komiti Māori under its delegated authority:

1 Receives the report, General Manager Strategy and Science Update.

Thurston/Clark CARRIED

9 General Business

Neil Te Kani, Cate Williams and Kelly Barclay presented on the Tauranga Moana Museum Trust and its vision to 2020. An invitation was extended to tangata whenua to be part of creating a museum that would conserve and showcase taonga that represented the many dimensions of the region.

Councillor Thurston mentioned his past experience about similar kaupapa and offered to provide advice. He invited the Trust to contact him.

10 Public Forum

There being no public forum matters, Chairperson Tahana thanked everyone for attending, particularly the whānau of the late Awanui Black.

11 Karakia Whakamutunga

Kaumatua Pahu Akuhata closed the hui with a karakia.

The meeting closed at 1.15 pm.

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Reports

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Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: Kataraina O'Brien, Strategic Engagement Manager

He Matapuna Akoranga - Options to Memorialise the late Te Awanuiarangi Black

Executive Summary

This report proposes options to recognise the late Councillor Awanui Black. Komiti Māori briefly discussed potential options at its March 2017 meeting held at Te Whetu o Te Rangi Marae, Welcome Bay.

The report explores options to consider as potential Awards.

 Establishing a memorial annual fund/grant  Establishing ‘student secondment’ or ‘student exchange’ opportunities  Establishing an annual Rangatahi award.  Facilitating discussion forums/conferences for youth  Hapu led Tauranga Moana initiative The options foster Māori Capacity and contribute to decision making on matters pertaining to the protection, and enhancement of Te Taiao (the environment).

This report seeks advice and direction from Komiti Māori to select and/or further investigate preferred option/s, noting that timing of any decision will need to align with Annual Plan and/or Long Term Plan processes.

Recommendations

That the Komiti Māori under its delegated authority:

1 Receives the report, He Matapuna Akoranga - Options to Memorialise the late Te Awanuiarangi Black;

2 Approves a preferred option and recommends to the Regional Council to consider it in the Annual Plan and Long Term Plan deliberations.

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

Page 15 of 64 He Matapuna Akoranga - Options to Memorialise the late Te Awanuiarangi Black

1 Background

At the Komiti Māori meeting held on the 3 March 2017, members supported the establishment of an appropriate long term initiative to commemorate the late Awanuiarangi Black. Several ideas were discussed including:

 Establishing a memorial annual fund/grant  Establishing ‘student secondment’ or ‘student exchange’ opportunities  Establishing an annual Rangatahi Award  Facilitating discussion forums/hui that focus on key kaupapa This report discusses the options presented above and seeks approval from Komiti Māori to identify and approve one of them.

2 Potential Options

Option 1: An annual memorial fund/grant

Similar to the Hawea Vercoe fund, the Awanui Black fund could potentially target rangatahi (youth) between the ages of 12 – 25 years:

 Secondary schools and tertiary providers could apply. The fund would have a primary focus to promote, enhancement and protection the regions, coast, rivers, wetlands, lakes, significant cultural and natural features and landscape.

 Activities and projects that qualify for the funding will be consistent with Toi Moana Regional Councils vision: Thriving together – mo te Taiao, mo ngā tangata.

This grant could be administered and funded through the existing Environmental Enhancement Fund (EEF) with no requirement to prepare a system and appropriate processes to manage it.

Option 2: Student Internship or Secondment

The summer intern programme has proven to be a valuable mentoring programme for tertiary students. Key components of this initiative include:

 Students work part time for an iwi or hapū organisation.

 Assisting iwi/hapū to respond to Council and to enable them to focus on their priorities. This option contributes to supporting the development of Māori Capacity.

 Increasing the number of interns from three to five enabling further deployment of students to support iwi/hapū over the summer period.

Funding supporting this initiative is approximately $10,000.00 per internship/summer student.

Option 3: Rangatahi Recognition Award

This option proposes continued sponsorship of the bi-annual Tauranga Moana Rangatahi Awards. The purpose of this Award is to:

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 Focus on excellence in environmental matters in recognition of the late Councillor Awanui Black.

 Demonstrate leadership in the area of environmental resource management.

The level of funding for this initiative is unknown. An estimate of $10,000 towards the conference and award prize.

Option 4: Rangatahi Forums

Youth forums are positive activities that promote and engage with young people across the region. The community engagement team is leading the way with the annual Bay of Plenty Regional Youth Jam. It is proposed that in addition to Youth Jam, an annual forum/conference for youth is established where current issues concerning the environment are discussed and where young people are given the opportunity to present their opinions/views.

The level of funding required to establishing a forum/conference of this nature will be up to $10,000 per annum. The Youth Jam Project runs on a $6, 0000 to $7,000 budget. Staff support will also be required for this option.

Option 5: Hapū led Award

A further option that is currently being explored is based on a Tauranga Moana hapū- driven award: the hapū administer the Award and determine is scope and purpose. Discussions are underway with the whānau and iwi on how this may progress.

3 Implications for Maori

Memorialising the contribution of the late Councillor Awanui Black, will bring mana to his memory and would acknowledge his whānau, hapū and iwi. Each of the options recognise the importance of supporting young Māori in their future endeavours. This was one of the passions that the late Councillor Black fostered.

The long term benefits in establishing an Award are:

 Strengthening of relationships with our Māori communities.

 Providing opportunities for youth to play a potentially significant role in the management of natural resources.

 Supporting the development of leadership amongst hapū and iwi.

 Supporting Māori in developing their capacity to participate in the decision making processes of Council

This Award would sit alongside the Hawea Vercoe Award, offering further opportunities for young Māori in supporting and achieving their future aspirations.

4 Long Term Plan Alignment

The options identified in this report that recognise the contribution that the late Councillor Awanui Black made to his community are reflected in the Long Term

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Planning activity “Kotahitanga and Strategic Engagement” and gives effect to developing Māori Capacity.

4.1 Budget Implications

The level of funding being considered is a maximum of $50,000. The actual amount will be commensurate of the preferred option selected.

The amounts noted in this report are estimates and indicative only.

A paper will be drafted for consideration at Councils Annual Plan workshop in May 2017.

Clarke Koopu Maori Policy Advisor for Strategic Engagement Manager

19 April 2017 Click here to enter text.

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Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: David Phizacklea, Acting General Manager Strategy and Science

Te Mana Whakahono a Rohe/Iwi Participation Agreements

Executive Summary

The Resource Management Amendment Act was passed in Parliament in April 2017.

One of the key provisions of the Act includes improving the way Māori are involved in natural resource management through iwi participation agreements known as Te Mana Whakahono a Rohe. Te Mana Whakahono a Rohe provides a framework for councils to meet their existing obligations to consult with local iwi.

In summary Te Mana Whakahono a Rohe provides:

 A mechanism for iwi authorities and councils to discuss, agree and record ways in which tangata whenua may, through iwi authorities, participate in resource management and decision-making processes, and

 A key process to assist councils to comply with their statutory duties under the Resource Management Act.

This report provides a summary of the key provisions of Te Mana Whakahono a Rohe.

Recommendations

That the Komiti Māori under its delegated authority:

1 Receives the report, Te Mana Whakahono a Rohe/Iwi Participation Agreements;

2 Requests that a report be prepared to the Regional Direction and Delivery Committee outlining the key implications of Te Mana Whakahono a Rohe for Council and Iwi.

1 Introduction

The Resource Management Amendment Act was passed in Parliament in April 2017. One of the key provisions of the Act includes improving the way Council involves Māori in freshwater management through iwi participation agreements known as Te Mana Whakahono a Rohe (TMWH). It provides a framework for councils to meet their

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existing obligations to consult with local iwi. Some councils already have similar agreements through treaty settlements or good practice.

Through TMWH iwi can participate in the preparation and change of a policy statement or plan, agreeing on consultation processes and the development of monitoring methods.

TMWH recognises that Māori have a right to be involved in the management of natural resources, particularly fresh water management as expressed in the National Policy Statement for Fresh Water Management (NPS-FM). TMWH will provide a conduit for iwi to ensure their involvement in fresh water management is clearly articulated and implemented. TMWH has alignment with Te Mana o Te Wai in the NPS-FM.

Te Mana o Te Wai aims to recognise the connection between water and the broader environment – Te hauora o te Taiao (health of environment), Te Hauora o te Wai (health of water body) and Te Hauora o te Tangata (health of the people).

The benefit for Council is TMWH can provide opportunities to better understand iwi aspirations, consolidate engagement with iwi across Council and building enduring relationships with iwi.

The challenges for Council will be the complexity of developing multiple agreements, overlapping iwi interests, costs and resourcing. 2 Bay of Plenty Cultural Context

There is a rich cultural dynamic in the Bay of Plenty. We have multiple iwi, hapū and associated marae.

Treaty Landscape

The treaty landscape poses benefits and challenges for Council and Māori. Treaty settlements provide enhanced opportunity for iwi to be more actively involved in

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decision making processes, enables financial empowerment and supports kaitiaki responsibilities.

Many hapū and iwi are active participants in RMA processes. Due to the high demand that Councils have on iwi through limited resourcing and budget, the responses and interaction from iwi can oftentimes be reactionary. This Council has a series of plan changes and reviews in process running concurrently, requiring Iwi to provide rapid responses to very complex issues.

TMWH may provide a platform where Iwi can express their concerns and look for better ways of working in the RMA landscape.

Given the number of hapū and iwi, negotiating, formalising, executing and monitoring TMWH, will be a challenge at the onset but will result in positive outcomes long-term. 3 Te Mana Whakahono a Rohe – Summary of Key Components

3.1 Purpose:

 To provide a mechanism for iwi authorities and local authorities to discuss, agree, and record ways in which tangata whenua may, through their iwi authorities, participate in resource management and decision-making processes under the RMA

 To assist local authorities to comply with the statutory duties under the RMA, including through the implementation of sections 6(e) Kaitiakitanga, 7 (a) Matters of National Importance and 8 (Treaty of Waitangi).

Relevant iwi authority means an iwi authority whose area of interest overlaps with, or is adjacent to, the area of interest of an initiating iwi authority.

3.2 Guiding principles:

When developing TMWH, participants must use their best endeavours to:

 Achieve its purpose

 Enhance opportunities for collaboration amongst the participants

 Achieve the most effective and efficient means of meeting the statutory obligations of participants

 Work together in good faith and in a spirit of cooperation

 Communicate with each other in an open, transparent and honest manner

 Recognise and acknowledge the benefit of working together by sharing their respective vision

 Commit to meeting statutory time frames and minimise delays and costs

Te Mana Whakahono a Rohe does not limit the requirements of any relevant iwi participation legislation or the agreements associated with that legislation.

3.3 Initiation of Te Mana Whakahono a Rohe

3 Page 21 of 64 Te Mana Whakahono a Rohe/Iwi Participation Agreements

 An invitation from one or more iwi authority to local authorities can take place at any time (with the exception of the period 90 days before a Council election).

 Councils must advise any relevant iwi authorities and local authorities that the invitation has been received.

 Council must convene a hui within 60 working days from receipt of the invitation unless agreed otherwise by relevant parties.

 The hui will discuss the process for negotiation of one or more TMWH, which parties are to be involved and the times by which specified stages of negotiations must be concluded.

 If one or more local authorities in an area are negotiating a TMWH and a further invitation is received, the participating iwi authorities and relevant local authorities may agree on the order in which they negotiate the agreement.

 Existing agreements can be treated as if it were a TMWH.

 Participating authorities must take account of the extent to which resource management matters are included in any iwi participation legislation and seek to minimise duplication.

3.4 Council can initiate Te Mana Whakahono a Rohe

 A local authority may initiate TMWH with an iwi or authority or hapū.

 TMWH must be concluded 18 months after the date on which the invitation is received or within a period agreed by the participating authorities.

3.5 Content

 Agreement on how the iwi authority may participate in the preparation or change of a policy statement or plan, including the use of the pre-notification, collaborative, or streamlined planning processes under Schedule 1 of the RMA.

 How consultation will be undertaken.

 How participants will work together to develop and agree on methods for monitoring under the RMA.

 How to give effect to requirements under any relevant iwi participation legislation.

 Process for identifying and managing conflict and resolving disputes.

 Consultation and notification on resource consent matters, where the RMA provides for this action

 Circumstances in which an iwi authority may be given limited notification as an affected party

 Any arrangement relating to other functions under the RMA

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 If there are two or more iwi authorities, how those iwi will work collectively together to participate with local authorities

 Unless agreed by all parties, the content must not be altered and TMWH cannot be terminated

3.6 Disputes:

 There is a prescribed disputes resolution process.

 The costs for any dispute resolutions process undertaken will be met by each of the participants.

3.7 Review and Monitoring

 A review must be completed no later than six months after the date of the Mana Whakahono a Rohe, unless a later date is agreed by the participating authorities.

 A joint review must be carried out after every sixth anniversary. 4 Implications for Council at a glance

A thorough analysis of the implications for Council (positive and challenging) will be prepared for the June Komiti Māori meeting.

The following positive implications are anticipated:

 Formality of TMWH will hold parties to account and ensure contract agreements are met.

 Enable iwi to participate in decision-making processes of Council.

 Opportunity for more structured and consistent approach to Māori engagement.

 Clarity around RMA planning, especially regarding who to engage with and when.

 Opportunity for iwi to initiate a process and outcome that is meets specific needs.

 Opportunity to develop enduring and long term Iwi-Council relationships based on mutual aspirations.

 Ability to recognise hapū autonomy.

 Mutual obligations between Iwi-Council.

The following challenges can be anticipated:

 Pressure of timeframes to establish agreements (multiple meetings, discussions and conversations to reach agreement within statutory timeframes)

 Complexity of managing multiple agreements with multiple iwi.

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 Will require dedicated staff time to the detriment of other Council work.

 Cost of developing, implementing, execution and monitoring.

 Complexity of managing overlapping interests.

 Juggling current plan change engagement processes with new provisions 5 Māori Implications

TMWH provides a legal framework for Council and enables clear legislative directives. TMWH will significantly improve Council-Iwi engagement processes and thereby reflect in better informed decisions being made.

Te Ao Māori will be respected and tikanga will feature prominently in key Council planning processes.

TMWH recognises that Māori have a right to be involved in the management of natural resources, particularly fresh water management as expressed in the National Policy Statement for Fresh Water Management (NPS-FM). TMWH will provide a conduit for iwi to ensure their involvement in fresh water management is clearly articulated and implemented. TMWH has alignment with Te Mana o Te Wai in the NPS-FM.

Te Mana o Te Wai aims to recognise the connection between water and the broader environment – Te hauora o te Taiao (health of environment), Te Hauora o te Wai (health of water body) and Te Hauora o te Tangata (health of the people).

The benefit for Council is TMWH can provide opportunities to better understand iwi aspirations, consolidate engagement with iwi across Council and building enduring relationships with iwi.

The challenges for Council and Iwi will be the complexity of developing multiple agreements, overlapping iwi interests, costs and resourcing.

6 Council’s Accountability Framework

6.1 Community Outcomes

Implementation of Te Mana Whakahono a Rohe directly contributes to the Regional Collaboration and Leadership Community Outcome in the council’s Long Term Plan 2015-2025. Māori engagement and relationships is a significant consideration in Council work streams.

6.2 Long Term Plan Alignment (LTP)

The responsibility to develop, formalise, implement and monitor TMWH will be shared across relevant Council teams.

Under the LTP, the Regional Planning Activity has responsibility to implement planning documents under the RMA. TMWH is a new work stream.

The Māori Policy team are able to facilitate and co-lead this work, but it does not have the resourcing to manage multiple agreements. Given the focus on planning it will

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require resourcing from planning teams and possibly other teams who undertake the regulatory functions of council.

Current Budget Implications

There are no current budget implications, however given the Act amendment formalises agreements with iwi, careful consideration of budget allocation over the next 3-6 months will be required.

Future Budget Implications

The scope and scale of TMWH into the near future is unknown. Some of the initial ground work will be partially provided for in Council’s LTP 2015-2025 through individual budgets dedicated to Māori engagement, Treaty and relationship work.

Staff will carry out an assessment of estimated costs for consideration in the next Long Term Plan.

Kataraina O'Brien Strategic Engagement Manager for Acting General Manager Strategy and Science

19 April 2017 Click here to enter text.

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Receives Only – No Decisions

Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: Chris Ingle, General Manager, Integrated Catchments

Remediation Project at Ruha Road, Rotorua

Executive Summary

The purpose of the Ruha Road Asbestos Remediation Project was to isolate and carry out remediation works to an area of dumped asbestos containing material (ACM) on the bank of Puarenga Stream, Ruha Road, Ngapuna, Rotorua.

The site is culturally significant with hangi pits traditionally used by the Ngāpuna whānau accessed through the site.

The preferred option for remediation was on-site treatment by encapsulating and capping the ACM. This involved contouring the mound; covering with geotextile fabric and topping with clean fill. Remediation works also included hand-picking of any exposed pieces of asbestos and hydro-seeding the remediated area with a grass seed mix.

The site has now been validated as clear for ACM.

Recommendations

That the Komiti Māori under its delegated authority:

1 Receives the report, Remediation Project at Ruha Road, Rotorua;

The purpose of this report is to provide an update to the Komiti Māori on the Ruha Road Asbestos Remediation Project where dumped soil containing asbestos at the end of Ruha Road, Rotorua has been remediated. 1 Background

During the investigation of discarded heavy machinery on the Ruha Road site, the presence of asbestos was discovered in a stockpile mound at the western end of the road. The site is culturally significant. Ngāpuna whānau have traditional hangi pits that they occasionally use and access via the land in question.

Laboratory analysis confirmed the material to be chrysotile (white asbestos) and amosite (brown asbestos). The asbestos concentrations at two of the sampling points exceeded an acceptable risk level. The mound also contained other material such as

Page 27 of 64 Remediation Project at Ruha Road, Rotorua

rusting metal, glass and other sharp objects. A small amount of asbestos was also located in the flat area close to the mound.

The source of the ACM has not been determined.

Photo 1 – Stockpile mound.

Photo 2 – Staff standing near the hangi pits.

2 Land Ownership

The site is located across three separate properties legally described as:

 Part Ngāpuna 1D2A3 Block, is Crown Land administered by Land Information New Zealand with statutory management by the Bay of Plenty Regional Council under soil conservation and river control framework (Area A)  Part Ngāpuna 1D2C2C (Roadway) Block, is private roadway which is administered as territorial local authority by Rotorua Lakes Council (Area B). In

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August 2016 the Māori Land Court appointed three hapu representatives for the roadway.  Part Ngāpuna 1D2C2C Block, is vested and administered by the Bay of Plenty Regional Council for soil conservation and river control purposes (Area C).

Map 1 – Area of contamination at Ruha Road, Rotorua.

3 Remediation of the Asbestos Containing Material (ACM)

3.1 Project Team

A project team was formed consisting of the following staff members:

 Bruce Crabbe, Manager Rivers & Drainage (Project Executive)  Kirsty Brown, Asset Management Officer (Project Manager)  Chris Woods, Manager Health & Safety  Emma Joss, Senior Project Implementation Officer  Sam Weiss, Senior Project Implementation Officer  Reuben Hawtree, Land Management Officer  Donna Llewell, In-house Legal Counsel

External parties involved included LINZ, WorkSafe, hapū representatives from Ngāti Hinemihi and Ngāti Hurunga te Rangi, and Rotorua Lakes Council.

3.2 Remediation Approach

A range of treatment options were considered. These included:

Option 1 Management in-situ: contaminated material left in place and covered with impermeable physical barrier. Option 2 On-site treatment: undertaking some physical treatment or manipulation of the contaminated soil on-site.

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Option 3 Excavation and off-site disposal: Physical excavation and removal of fill material containing construction waste and ACM fragments (dig and dump).

To maximise the overall success of the project, option 1 was selected as the preferred treatment method. This involved encapsulating and capping the ACM by contouring the mound within the contamination area, then covering with geotextile fabric and 0.3-0.5 metres of clean fill. Once earthworks were completed, the area was hydro- seeded with a grass seed mix and covered with straw mulch to increase germination.

3.3 Works Approval

Under Rule 35 of the Regional Water and Land Plan, any remediation or disturbance of contaminated land is a restricted discretionary activity and requires resource consent.

Due to the risk to public health and other determining factors, approval was granted to carry out the remediation under the emergency works provision (Section 330) of the Resource Management Act 1991. This enabled works to commence as soon as possible without the delay of having to obtain resource consent.

Strict controls were adopted to safely manage public health and safety throughout the remediation works to the same level that a resource consent would have otherwise required and under WorkSafe’s Approved Code of Practice for Management and Removal of Asbestos (September 2016).

3.4 Remediation Works

Prior to remediation works commencing, interim controls were put in place with the installation of a temporary security fence and warning signs. This minimised the risk of contact with ACM by any potential users of the site. This fence remained in place until after the site validation testing confirmed remediation was successfully completed.

Photo 3 – Temporary fencing of the site.

Remediation works commenced 21 November 2016 with a karakia performed ahead of the works starting. The asbestos removal work was supervised by licensed asbestos removal company, Asbestos Eliminators Ltd, with Josephs Earthmoving Ltd carrying out the earthworks. An Asbestos Remedial Action Plan was developed to ensure that

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adequate measures were in place to minimise and control any risk and to meet regulatory requirements.

Any exposed pieces of asbestos were handpicked by the Asbestos Removalist.

During the works, access to the area was restricted with formal notification provided to WorkSafe NZ and to surrounding properties. Signs and barricades were in place to delineate the asbestos work area.

The remediation works concluded 23 November 2016 with the area being hydro-seeded the following day.

Photos 4 and 5 – During works.

3.5 Validation of Site

After the initial asbestos remediation work was completed, validation of the site was carried out to check that the objectives of the remediation action had been achieved. Sixteen soil samples were taken and sent for laboratory analysis. Four of the samples

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came come back as positive for asbestos present. These four samples were taken along the front (closest to road side) of the site. This is likely due to the machinery which originally moved around the asbestos material into the mound so asbestos fibres would likely have been tracked through that area (fibres are not visible to the naked eye).

To mitigate, the asbestos remediation area was extended utilising the same methodology as in the Asbestos Remedial Action Plan (covering affected area with geotextile fabric and capping with clean fill). The contractors were available to carry out the work immediately. The site remained fenced off during the Christmas New Year break to allow the grass to establish.

Further soil samples were taken and sent to the laboratory for analysis. Results received 11 January 2017 confirmed the site as “acceptable for all site uses”. Validation of the site is now completed as the ACM has been safety isolated. The temporary fencing was removed on 17 January 2017.

Photo 6 – Taken 24 February 2017 shows the completed site.

3.6 Project Conclusion

As the site is now a remediated contaminated site, it has been registered on the Hazardous Activities and Industrial List (HAIL) which identifies land contamination situations. Its classification has been changed to ‘Contamination Acceptable/Remediated’. LINZ and the Rotorua Lakes Council have also been informed of this registration.

Staff have also developed an On-site Management Plan for the site which sets out how the site will be managed and monitored in the future. Retrospective resource consent will not be required because there are no continuing adverse effects.

The local hapū representatives have indicated that they would like to further develop and enhance the site possibly through an Environmental Enhancement Fund application. Eddie Sykes, Community Engagement Officer has talked with trustees who are currently meeting with their hapū to discuss and decide on their aspirations for

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the area. Provided the conditions of the On-site Management Plan are adhered to, staff would not be opposed to such an application.

Caution signs have been erected warning members of the public not to dig or dump in the area.

4 Māori Implication Statement

As mentioned in this report the area immediately adjacent to the contaminated site is culturally significant to the Ngāpuna whanau with traditional hangi pits accessed through the site. The Hinemihi Marae and its child care facility is also a short distance from the contamination area. Staff have had ongoing contact and collaboration with hapū representatives from Ngāti Hinemihi and Ngāti Hurunga te Rangi since it was first identified that the material contained asbestos. A number of hui were held with the parties to ensure Council was aware of the whanau’s preferred remediation method and their longer term vision for the site. Weekly updates were provided to hapū representatives and other interest parties as works were carried out.

5 Council’s Accountability Framework

5.1 Community Outcomes

This project directly contributes to the Environmental Protection; Resilience and Safety Community Outcomes in the council’s Long Term Plan 2015-2025.

5.2 Long Term Plan Alignment

Current Budget Implications

This work is outside the current budget for the Upper Kaituna Catchment Control Scheme Activity in the Long Term Plan 2015-2025. The cost to remediate the site totalled $33,116 (excluding GST). This cost excludes staff time.

Kirsty Brown Asset Management Officer for General Manager, Integrated Catchments

19 April 2017 Click here to enter text.

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Receives Only – No Decisions

Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: Namouta Poutasi, Water Policy Manager

Update on Proposed Plan Change 10 - Lake Rotorua Nutrient Management

Executive Summary

The purpose of this report is to provide an:

 update on Lake Rotorua Nutrient Management Plan Change 10 (PC10) to the Regional Water and Land Plan and

 the key topics raised by submitters and the Hearing Panel; and

 highlight the key topics raised by or of interest to Māori.

Since staff last presented to Komiti Māori the submission period for PC10 closed with 92 submissions being received (including a late submission from the Bay of Plenty Regional Council) and 20 further submissions.

The Councils’ response to submissions (Section 42A report) was publicly released on 20 January 2017 together with the evidence Council presented in support of the plan change. The Section 42A report identified a number of key issues raised by submitters and Council staffs’ response to each of these.

The hearings for PC10 commenced on 13 March 2017, with this process being run by an Independent Hearing Panel. The Independent Hearing Panel is made up of the following:

 Retired Judge Whiting

 Rauru Kirikiri (Commissioner)

 Gina Sweetman (Commissioner)

 Dr Brent Cowie (Commissioner)

The Panel have been running the hearing process similar to that of the Environment Court. Regional Council staff and external experts have presented their evidence and responded to questions from the panel and submitters. Submitters have now begun presenting their evidence in support of their submissions to the Panel.

Key issues for Maori raised by submitters and hearing panel include the following:

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 Opposition to the use of rules  The request to focus on the management of phosphorus alongside nitrogen or rather than nitrogen.  Opposition to the use of OVERSEER® as a regulatory tool  Opposition to the allocation approach (sector averaging) in particular: o the “locking in” of forestry as a landuse o the request for natural capital as an allocation approach, the protection of the dairy sector and the use of grandparenting o additional land use flexibility sought for forestry and underutilised Maori land.  Opposition to the use of nitrogen management plans for compliance.  Concerns about how PC10 treats or will treat the Rotorua waste water treatment plant.  Concern on the economic impacts at a farm, catchment, district and regional scale. The hearings are scheduled to finish on 3 May 2017 with Counsel closing statements.

Recommendations

That the Komiti Māori under its delegated authority:

1 Receives the report, Update on Proposed Plan Change 10 - Lake Rotorua Nutrient Management.

1 Background

The purpose of Plan Change 10 (PC 10) is to reduce nitrogen losses from rural land within the Lake Rotorua groundwater catchment to meet the sustainable nitrogen limit set by the Operative Bay of Plenty Regional Policy Statement.

Nutrient management, lake health, cultural impacts, economic challenges and the required change in farm management practice and land use change means this is an important issue for the Rotorua community, as well as the region. There has been considerable national level involvement in finding a proposed solution.

Plan Change 10 was notified for submissions the 29 February 2016. A total of 92 submissions were received by Council, these were summarised with this summary released for further submissions on the 4 July 2016. Twenty further submissions were received as part of this process.

Since August 2016 Council staff have been reviewing each submission and providing a response to the matters raised. These responses are included within the Section 42A report completed by Council staff and have resulted in a number of minor changes to Plan Change 10 to further clarify the intent of the Plan Change.

2 Key Issues Identified by Submitters relating to Maori

The Section 42A report identified a number of key issues raised by submitters on PC 10. The below topics have been raised by either Iwi, Māori Trusts, Te Tumu Paeroa or CNI (Central North Island) Forests Iwi Collective these included:  Opposition to the use of rules

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 The request to focus on the management of phosphorus alongside nitrogen or rather than nitrogen.  Opposition to the use of OVERSEER® as a regulatory tool  Opposition to the allocation approach (sector averaging) in particular: o the “locking in” of forestry as a landuse. o the request for natural capital as an allocation approach, the protection of the dairy sector and the use of grandparenting. o additional land use flexibility sought for forestry and underutilised Maori land.  Opposition to the use of nitrogen management plans for compliance.  Concerns about how PC10 treats or will treat the Rotorua waste water treatment plant.  Concern on the economic impacts at a farm, catchment, district and regional scale. The section 42A report assesses each of these issues and made recommendations on how to respond to each matter for the Panel to consider. This has resulted in amendments being proposed to Plan Change 10 to provide further direction and clarify the intent of the plan change.

3 Speakers presenting at the hearing that may affect Maori

The hearings for PC10 commenced the 13 March 2017. Approximately 50 submitters identified that they would like to present their submission to the Panel. The following Māori Trusts have presented their case to the Panel:

 CNI Iwi Holdings Ltd (Corporate Trustee for the CNI Iwi Collective)

 Ngāti Whakuae Tribal Lands Inc

 Ngāti Uenukukōpako

 Parekarangi Trust

 Waitetī Farms Ltd and Waitetī Whenua Trust

 Whakapoungakau Aggregated Lands

Other submitters covering matters that Māori may be impacted by include the Rotorua Lakes Council and PF Olsen. Each of the above mentioned submitters have been given a time slot to present their submission to the Panel. 4 Key topics raised by submitters and the Hearing Panel

Council and a number of submitters have presented their evidence to the Hearing Panel already. This was well received with a number of detailed questions being asked by the Panel. The Panel also provided submitters present an opportunity to ask questions of clarification.

During the hearing the commissioners have been very interested in evidence presented by experts and submitters. This has often resulted in the request for further information from Council, or questions consistently being asked of experts and submitters. To date these matters have included:

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 How Council is currently managing phosphorus and how PC 10 could be amended to increase its focus on phosphorus.  The legal status and economic impact of the integrated framework.  Māori Land uses within the Lake Rotorua groundwater catchment.  The nitrogen allocation provided to forestry and underdeveloped Māori land  How underutilised Māori land is impacted by the plan change and alternative options requested by submitters.  The level of engagement and consultation with Māori and their involvement with StAG.

With regard to underdeveloped Māori land, submissions by CNI Iwi Land Management Ltd, PF Olsen Ltd, Rotorua Lakes Council and the Maori Trustee sought additional land use flexibility for forestry land or underutilised Māori land in line with land use capability (natural capital). In response to these submissions a number of alternative options were considered by Council:

 The provision of an objective and policy providing for flexibility of Māori land.  The provision of an objective and policy providing for flexibility to develop forestry land.  The reallocation of nitrogen to forestry.  The provision of a restricted discretionary activity allowing plantation forestry to develop in accordance with land use capability.  The provision of an exemption for the owners of underutilised Māori Freehold land (voluntary participation).  The establishment of a fund to assist owners of underutilised Māori Freehold land to purchase nitrogen discharge allowance credits.

This assessment identified that PC 10 as notified was considered the most appropriate option as reallocating nitrogen under any of the above options would undermine the Integrated Framework, which was developed through a collaborative process with the Stakeholder Advisory Group (StAG).

Further evidence has also been provided to address submissions that raised concern about limited engagement and consultation with Māori. This evidence provided an overview to the targeted consultation/engagement completed with iwi/hapū and landowners. A statement from Tanira Kingi, the previous Chair of StAG has also been provided, outlining the intent of StAG and those present or engaged with this process.

Separate to this a position statement from Te Arawa Lakes Trust (TALT) has also been provided to the Panel to address their concerns raised that they were not clear on TALT’s position with PC10.

All of this information is available on the following website for PC10: www.boprc.govt.nz/pc10hearings

Overall the level of preparation for the hearings and the hearing process has been resource intensive and has required significant input from staff and council experts. The approach taken by the Panel will ensure robust recommended decisions on Plan Change 10 are provided to Council.

5 Maori Implications of PC10

4 Page 38 of 64 Update on Proposed Plan Change 10 - Lake Rotorua Nutrient Management

Plan Change 10 intends to reduce nitrogen losses to Lake Rotorua from the pastoral sector. This intends to enhance and maintain lake water quality through requiring a change in farm management practice or change in land use. PC10 intends to achieve the sustainable nitrogen limit for Lake Rotorua, this being representative of water quality levels in the 1960’s.

An increase in water quality will help to restore cultural values associated with Lake Rotorua.

In regard to impacts on Māori land, Māori pastoral land that is not extensively developed has the ability to increase nitrogen losses up to approx. 18kgN/Ha as a permitted activity where current losses are below this level. This intends to provide for the continued operation of land uses onsite along with an increase in activity if desired.

The development of bush and scrub areas to plantation forestry is permitted under LR R2 and, outside of the rules, assistance to convert areas of gorse to forestry is available through the gorse conversion project.

When Settlement land is considered within a wider definition of Māori land 73% of forestry land is Māori land. PC 10 does not provide any land use flexibility in line with land use capability class for the development of forestry land within the allocation methodology. However, trading allows for some land use flexibility where parties have chosen to enter the trading regime.

6 Council’s Accountability Framework

6.1 Community Outcomes

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

6.2 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 and the approved budget extensions for the Rotorua Lakes Activity in the Annual Plan 2017/18 or Year 2 of the Long Term Plan 2015-2025.

Future Budget Implications

Some provision for appeals have been budgeted for in Council’s Long Term Plan 2015-2025.

Gemma Moleta Policy Analyst (Water Policy) for Water Policy Manager

19 April 2017 Click here to enter text.

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File Reference: File Reference Significance of Decision: Receives Only - No Decisions

Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: David Phizacklea, Acting General Manager Strategy and Science

General Manager Strategy and Science Update

Executive Summary

The purpose of this report is to update the Komiti on matters of interest. The report includes the following matters:

 Post meeting actions  Mauao By-Election  Proposed Plan Change 9 (Region-Wide Water Quantity)  Te Reo Māori Act 2016  Te Ture Whenua Bill  Financial reports (Environmental Enhancement Fund, Hapū/Iwi Management Plan Fund, Te Hapai Ora Fund )  National Iwi Leaders Update on Freshwater and Ture Whenua Māori - Presentation by Willie Te Aho and Roku Mihinui

1 Recommendations

That the Komiti Māori under its delegated authority:

1 Receives the report General Manager Strategy and Science Update.

2 Post Meeting Actions

At the last Komiti Māori hui held at Te Whetū o Te Rangi Marae, Tauranga, on 3 March 2017, an action was raised that required post-meeting follow-up. The key action was to explore options to commemorate the Late Councillor Awanuiarangi Black. Refer appendix for details.

3 Mauao By-Election

The Mauao by-election was publicly notified on 16 January 2017. Nominations closed on 13 February. Voting commenced on 20 March and closed at 12 noon on 11 April 2017. Only Mauao constituents who are registered on the Māori roll

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were eligible to vote. We are pleased to advise that Ms Matemoana McDonald was the highest polling candidate.

Following the official swearing in ceremony on 20 April 2017, Ms McDonald commences her role as the newly appointed Mauao Constituent Councillor. We extend a warm welcome to Councillor McDonald.

3 Proposed Plan Change 9 (Region-Wide Water Quantity)

The Proposed Plan Change 9 (Region-Wide Water Quantity) was publicly notified on 18 October 2016. The changes in the plan address regional water allocation issues and existing urgent regional problems such as:

 Lack of clear limits to water allocation especially for groundwater.  Limited knowledge of actual use vs. allocation.  High level of allocation in some resources.  Inefficiencies in allocation and use of water.  Unauthorised water use.

3.1 Submissions

Submissions to PC9 closed on 14 December 2016.

Māori 21 Farming 20 Industry 16 Council 6 Horticulture 7 Environment 4 Other 8 Total 82

3.2 Important issues for tangata whenua in submissions

 Tangata whenua rights/roles in plan development, decision making and consent process.  Fixing up all problems now rather than waiting for Water Management Area (WMA) process, or delaying plan change until nationally agreed approach to Māori rights and interests identified.  Priority given to existing users, especially Hydroelectric.  Transfer of water to new users.  Priority access to water for traditional and contemporary Māori interests.

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3.3 Next steps

 Staff are currently summarising submissions and preparing a summary of decisions requested by submitters  Full report to BOPRC Regional Direction & Delivery Committee and notification for further submissions in May 2017  Hearings late 2017  Council Decisions early 2018.

4 Te Ture mō Te Reo Maori 2016

The Māori Language Act 1987 declared Te Reo Māori to be an 'official' language and created a right to use Māori in court proceedings. Māori is the foundation language of New Zealand, the ancestral language of the tangata whenua and one of the taonga guaranteed protection under the Treaty of Waitangi. It also provides this country with a unique language identity in the rest of the world, as this is the only place where Māori is spoken widely.

Te Ture mō Te Reo Māori 2016 affirms the status of Te Reo Māori as:

 The indigenous language of Aotearoa New Zealand

 A taonga of Māori

 A language valued by the nation

 An official language of Aotearoa New Zealand

The crown currently has a Māori Language Strategy that will be reviewed over the next six months, to ensure the survival of Te Reo Māori. Increasing Te Reo Māori visibility in public spaces is a key part of that strategy, raising awareness of Te Reo Māori and encouraging people to use it on a daily basis.

For more information, a link to the Māori-English Bilingual Signage – A guide for best practice can be found here: https://www.tpk.govt.nz/docs/bilingual-signage/tpk- bilingual-signage-guide.pdf

5 Te Ture Whenua Bill and implications for Council

Te Ture Whenua Māori Bill (the Bill) aims to give Māori land owners greater decision-making powers and better support for the management of Māori freehold land.

In was introduced to the House in April 2016 and passed its Second Reading in Parliament just before Christmas.

The Bill, will:

 Give Māori land owners greater autonomy to make their own decisions;  Provide a clearer more empowering decision-making framework;  Strengthen protections against the alienation of Māori land;

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 Lead to stronger-performing governance bodies;  Improve the succession and dispute resolution processes; and,  Make better use of the Māori Land Court.

The new Bill also establishes a new Māori Land Service to support Māori land owners. A second nationwide round of Wānanga about the final design of this Service was held in January 2017.

The Bill is expected to be enacted by 30 April 2017 and to come into effect by 1 October 2018.

More information about the major changes to Māori land law can be found at this link: http://www.tpk.govt.nz/a-matou-mohiotanga/land/guide-to-te-ture-whenua- maori-reforms.

6 Financial update reports

6.1 Environmental Enhancement Fund update

$220,000 of the $310,000 pool has been allocated to 15 community projects from the Environmental Enhancement Fund (EEF) 16/17 (as at 4 April 2017).

One project is currently pending with a number of others in the process of making applications.

EEF 16/17 has received a significant number of applications either from Māori or projects with large amounts of Māori input.

Projects with implications for Māori include;

 Te Wharekura o Mauao (restoration of wetland),

 Mokoia Community Association (restoration of Waingaehe Stream with significant iwi involvement),

 Ngāti Ranginui (goal to be the first iwi to have every marae with two maara kai gardens along with composting and para kore recycling facilities),

 Kawerau Life Konnect (community garden and nursery supporting the local Kawerau community with significant kura involvement),

 Warahoe Hapū Trust (eradication of weeds and native planting),

 Whakatāne Intermediate Care Group (restoration and awareness building of Awatapu Lagoon with community input),

 Tiaki Early Learning Centre (native planting and harakeke signage) and;

 Te Roopu Manaaki (native planting at Kani Rangi Park).

6.2 Iwi Management Plan Fund update

The Long Term Plan provides for fostering Māori capacity to contribute to Council’s decision-making processes. This is partially achieved by promoting Māori values

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through the integration of iwi and hapū management plans into Council processes. The Resource Management Act 1991 (RMA) sets out provisions for councils to take into account any relevant planning document lodged and recognised by an iwi authority.

The following infographics provide a snapshot of Iwi Management Plans for the 2016/2017 financial year.

6.3 Te Hapai Ora – Regional Community Outcomes Fund 2016-2017 update

The purpose of the Te Hapai Ora Fund (formally referred to as the Corporate Sponsorship Fund) is to assist a community group or individual in successfully completing their event or project. The fund has an annual budget of $31,000 which is administered by the Group Manager Strategy and Science. This fund is a positive way for Council to contribute to community initiatives that contribute to our regional community outcomes.

Following an internal audit of the Bay of Plenty Regional Council, the following actions to improve the application process and ensure better financial compliance, are currently being implemented:

a) Renaming of the fund to align with its purpose. The fund will be referred to as Te Hapai Ora – Regional Community Outcomes Fund.

b) Introduce a weighting matrix for eligibility.

c) Introduce a feedback form for reporting and tracking of fund expenditure.

d) Discretion on payment options to be assessed on a case by case basis (pre and post payment).

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e) Revised forms and online information for easier application and reporting

f) Initiate quarterly reporting to Komiti Māori.

g) Implementation of actions to be completed by January 2017 with a further action to develop functionality for online applications.

Current status of fund expenditure:  17 applications received since 5 July 2016  14 applications approved  3 applications declined  50% of the fund allocated to date.

The fund has three months to go before the end of the financial year where another report will be submitted to Komiti Māori.

There has been an increase in the uptake of funding from the Māori constituencies (Mauao, Kōhī and Ōkurei). Refer graphs below.

Current 2016/2017 Financial Year 2015/2016 Financial Year

Mauao Kōhī 36% Kōhī Mauao 43% 47% 42%

Ōkurei 21% Ōkurei 11%

Distribution of funding across the region so far

7 National Iwi Leaders Update on Freshwater and Ture Whenua Māori Act - Presentation by Willie Te Aho and Roku Mihinui

Mr Te Aho and Mr Mihinui are members of the Freshwater Iwi Leaders Group that was formed in 2007 to advance the interests of all iwi in relation to fresh water through direct engagement with the Crown. The group comprises the leaders of Ngāi Tahu, Whanganui, Waikato-Tainui, Te Arawa and Tūwharetoa and reports regularly to all iwi.

Freshwater

The future health and wellbeing of Aotearoa waters are a matter of utmost importance to all iwi, as well as all New Zealanders. The aim of the Iwi Leaders Forum is to develop an enduring and sustainable framework for the future governance and management of freshwater in Aotearoa.

Ture Whenua Māori Act

6 Page 46 of 64 General Manager Strategy and Science Update

The purpose of the Ture Whenua Maori Act is to recognise and provide for the mana and tino rangatiratanga that Māori have exercised and continue to exercise over their lands, resources, and taonga in accordance with tikanga Māori and, consistent with the guarantees given to Māori in Te Tiriti o Waitangi, to protect the right of owners of Māori land to retain, control, occupy, and develop their land as a taonga tuku iho for the benefit of present and future generations of owners, their whānau, and their hapū.

Kataraina O'Brien Strategic Engagement Manager

For Acting General Manager Strategy and Science

19 April 2017 Click here to enter text.

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APPENDIX 1

Komiti Maori Actions from 3 March 2017_Appendix

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Bay of Plenty Regional Council Komiti Māori – Post Meeting Actions for 27 April 2017 ACTIONS FROM KOMITI MĀORI HELD ON 3 March 2017 No Issue or report item Raised by Action Referred to Date referred and Progress/Comments due by 1. Seek recommendations for Cr Tahana Māori Policy staff to consider C Koopu 27 April Complete. A report will be presented at the establishment of an and research appropriate 27 April Komiti Māori hui with appropriate appropriate initiative to initiatives and report back at recommended commemoration initiatives. commemorate the late next Komiti Māori hui. Councillor Te Awanuiarangi Black.

2. Commission of Carving for Carlton Mr Carlton Bidois offered to C Koopu 27 April Māori Policy will liaise with Carlton Bidois on Awanui Black Bidois arrange for a carving to be the specifics of the carving. commissioned in memory of Awanui Black. Mr Bidois said he could organise a master carver through the Pirirakau hapū.

Page 51 of 64 Komiti Māori Action Table Bay of Plenty Regional Council

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Significance of Decision: Receives Only - No Decisions

Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: Kataraina O'Brien, Strategic Engagement Manager

Update on the Pou Ngaio Role

Executive Summary

The official appointment of the Pou Ngaio role (technical/cultural specialist) in Māori Policy occurred on 15 February 2016.

The Pou Ngaio was a recommendation of Komiti Māori to establish a full time roll, providing a dedicated resource to assist staff and tangata whenua with the resource consent application process under the Resource Management Act 1991 (RMA). Council approved the FTE and associated budget in its 2015-2025 Long Term Plan.

This report provides a brief overview of the Pou Ngaio role to date.

1 Recommendations

1 That the Komiti Māori under its delegated authority receives this report.

2 Background

The Pou Ngaio role was approved on 19 May 2015 as part of the deliberations on the Regional Council Long Term Plan 2015 to 2025. The position was intended to provide the following services and outcomes for Council and the community:

• Contribute to the overall effectiveness of the Resource Consent and Maori Policy requirements under the RMA.

• Provide a high level advice for the Resource Consent and Maori Policy teams.

• Build and enhance Maori capacity and capability in the assessment of cultural impacts in consents processes including identifying opportunities to integrate Te Ao Māori.

• Assessing and facilitating for the resolution of complex issues affecting the resource consent process.

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3 RMA Māori Provisions

The Bay of Plenty encompasses 36 iwi and approximately 260 hapū. The Māori regional population is around 28% and Māori land makes up almost 40% of land in the region.

Council must implement Māori provisions in the RMA. Understanding the intricate network of considerations under the RMA can often be a challenge. Common themes that impeded active participation include, limited or no dedicating resourcing, imposition of statutory time-frames, understanding RMA language and general complexities characteristic of the resource management process.

Currently the Bay of Plenty landscape presents a variation in the participation and understanding of the RMA. Some Māori are regular participants in the processes while others are not conversant with the legislation.

3.1 Implications

Council has responsibilities to Māori that are prescribed under a number of statutes, principally the Resource Management Act 1991(RMA), and the Local Government Act 2002 (LGA). These include enabling participation in decision making, having regard to kaitiakitanga, consultation and fostering development.

This Pou Ngaio role is tasked with providing a vehicle to empower, support and grow understanding about the RMA, and to facilitate better relationships, mitigation, and cohesive decision making for the Regional community and Māori. The decision to establish the Pou Ngaio position has subsequently supported Council in meeting its obligations and responsibilities under its statutory obligations to Māori.

The effect of this position has been to raise awareness amongst council staff of the particular matters concerning Māori, and to support them in developing their expertise when responding to Council requests for advice and services. The role has introduced a level of progressive innovation that enables alternate solutions where issues of Māori interest are concerned.

4 Progress to date

Mr Nathan Capper was appointed to the role of Pou Ngaio on 15 February 2016.

In the initial months of the establishment of the Pou Ngaio role, it became clear that the demand for support in the Māori community was significant and deployment of the role would require a considered approach to achieve added value outcomes for Māori and Council staff.

Key highlights from the year include:

 Setting up the RMA kōrero of the fortnight roopu (100 members and growing daily)

 Assisting Iwi and Hapū to navigate complex consenting issues

 Becoming a member and regular contributor to the Papa Pounamu news letter

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 Obtaining the environmental commissioners qualification (Making Good Decisions)

 Building lasting internal and external relationships that facilitate better understanding of the consents process, whilst articulating the views of Māori.

 Working on contaminated land rectification (Ruha Road)

 Becoming a “phone a friend” for Iwi and Hapū in the rohe that would call and discuss consenting kōrero day or night.

 Helping iwi and hapū respond to consent issues in an empowered and knowledgeable way.

 Implementing the contacts memo to provide accurate and reportable contact information to the Consents team and Consultants.

 Growing and supporting internal staff understanding for Te Ao Māori and consenting processes.

 Facilitating the Whakatōhea Environmental Expo in Ōpōtiki showcasing council’s functions and where we can provide support for iwi and hapū.

 Attending the Ngāi Te Rangi kaitiaki forum and contributing to that kaupapa

 Supporting senior staff in negotiations with Ngāti Rangitihi on their Treaty settlement.

 Seeking opportunities to incorporate Matauranga Māori into planning and consents

5 How is the position working in practice?

Business as usual covers enquiries, challenges arising from consent applications, responding to queries of a technical nature and maintaining contact with iwi and hapū.

The technical skills employed need to transcend knowledge boundaries, and whilst the advice needs to be robust and accurate, the way in which that information is passed on also needs to be presented in a way that the audience can digest it. One of the requirements of this role is to be across all developments concerning resource management.

At the national level, the Pou Ngaio is involved in setting the National Standards for planning which has implications for introducing consistency in the way councils set objectives, and rules. Reading and becoming conversant with the trends and direction set through amendments to the Resource Management Act 1991 is pivotal in supporting a strategic forward looking approach to planning and consenting.

Provision of advice follows this format:

 Investigate the facts

 Articulate the current status of the activity

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 Render the information into digestible bites and then provide information to hapū/iwi

Where there is an opportunity, adding value to the discussions with council staff or hapū/iwi by identifying alternative solutions that may improve cultural assessment of effects further enhances the way Council responds to Māori.

6 Future opportunities and considerations

The regulatory and planning space is an ever evolving area of local government. To stay abreast of the emerging challenges and opportunities for Maori demands a dedicated resource. The Pou Ngaio is in its infancy but the benefits of the role have been manifest.

The following a list of considerations to enhance the role’s effectiveness, understanding and service support.

 As the role of Pou Ngaio grows managing demand will be challenging. Resource efficiency would be enhanced by amalgamating learning and development into targeted workshop style learning forums.

 Growing trends for councils and community engagement include utilising digital media platforms to facilitate improved access opportunity. Using a YouTube RMA learning channel that can be accessed from any location would broaden the audience and have greater potential to create an e- learning environment. Such a tool would follow the same format currently presented in the RMA kōrero of the fortnight.

 Moving forward working in collaboration with other territorial authorities to ensure we have similar approaches and support mechanisms and removing duplication for Māori would be an advantage.

 Investigating how other authorities work with the RMA in the Māori engagement and participation.

 Investigating the benefit to appointing an additional Pou Ngaio with a focus on planning and science.

 Initiating regular workshops that give opportunity for staff to gain improved understanding about challenges for Māori in the planning and consenting space (inward facing education).

 Scheduling regular meetings with Māori across the region.

7 Māori Implications

The Pou Ngaio role has had positive implications for Māori through the provisions of support, assistance and advice.

The Pou Ngaio role significantly responds to and supports Councils implementation responsibilities under the RMA and lends a hand to ensuring best practice is mobilised.

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The effect of this position has been to raise awareness amongst council staff of the particular matters concerning Māori, and to support Māori in developing their expertise when responding to Council requests for advice and services. The role has introduced a level of progressive innovation that enables alternate solutions where issues of Māori interest are concerned.

The Māori Policy team has received many positive responses to date about support through the Pou Ngaio role. We appreciate that the Pou Ngaio will not be able to service the spectrum of enquiries and calls for assistance from Māori across the region, however there is a determination to do as much as is practically possible.

Nathan Capper Pou Ngaio (Technical/Cultural) for Strategic Engagement Manager

19 April 2017 Click here to enter text.

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File Reference: File Reference Significance of Decision: Receives Only - No Decisions

Report To: Komiti Māori

Meeting Date: 27 April 2017

Report From: Clinton Naude, Director, Emergency Management Bay of Plenty

Bay of Plenty Civil Defence Emergency Management Update

Executive Summary

This report provides an update on the progress with the Bay of Plenty Civil Defence Emergency Management Group Plan review. The Group Plan sets the strategic direction for the Group for the next five years. It is seeking to build on the current capability and remove barriers to participation and involvement in Civil Defence and Emergency Management. The review process involved a current state analysis to establish the key challenges and opportunities for the Group. Engagement with key stakeholders has shaped the direction of the draft Group Plan. The draft Group Plan has a stronger emphasis on the importance of Māori to the Bay of Plenty. It sets out principles and objectives that seek to increase Māori participation and involvement in Civil Defence Emergency Management. The draft Group Plan recognises mana whenua as important partners in building a safe and strong Bay of Plenty, together.

The report further provides an update on the progress related to Marae Emergency Preparedness across the Bay of Plenty.

1 Recommendations

That the Komiti Māori under its delegated authority:

2 Background

The Bay of Plenty Civil Defence Emergency Management (CDEM) Group is required by Section 48 of the Civil Defence Emergency Management Act 2002 (CDEM Act 2002) to have a Group Plan. Under Section 56 of the CDEM Act 2002, the Plan must be reviewed once it has been operative for 5 years. The current Bay of Plenty CDEM Group Plan 2012-2017 became operative in 2012, so a review is now underway with an updated Group Plan to be adopted by the end of 2017.

The draft Bay of Plenty Civil Defence Emergency Management Group Plan 2017- 2022 (draft Group Plan) sets a direction of continued improvement for the Bay of Plenty Civil Defence Emergency Management Group. It aligns with the National CDEM Strategy and has a focus on removing barriers to make it easier for participation and involvement in Civil Defence Emergency Management across the four R’s.

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3 Purpose and Scope of the Group Plan

The purpose of the Group Plan is to:

• set out how the Bay of Plenty will respond to the challenges facing the BOP CDEM Group

• set out the operational arrangements of the BOP CDEM Group

The Group Plan sets out the five-year outcomes the BOP CDEM Group wants to achieve and the actions to achieve these outcomes.

The Bay of Plenty Regional Council is one of seven members of the Civil Defence Emergency Management Group governed by a Joint Committee. The Joint Committee oversees the delivery of the functions, duties and power of the CDEM Group, under the Act.

It does not detail specific activities that the group will deliver. It also does not cover the budgeted expenditure on activities. This level of detail is undertaken through the development of the CDEM Group Annual Plan.

4 Plan Development Process

The Group Plan review process commenced 12 months ago. The review targeted groups to develop specific aspects of the draft Group Plan.

The review process commenced with workshops held with Coordinating Executive Group and the Joint Committee. The feedback was confirmed by Joint Committee at their meeting on 8 April 2016.

A current state analysis was undertaken including;

- Review of the Bay of Plenty CDEM Group National Capability Assessment

- Review of CDEM National Strategy and National Plan 2015

- Workshops to establish key challenges and opportunities

Stakeholder engagement workshops have been held with:

- Emergency Services (through the Regional Emergency Services Committee)

- Social Sector (through SmartGrowth and COBOP forums)

- Welfare Sector (through Welfare Coordinating Group)

- Lifelines Utilities (through Lifelines Group)

- Tangata Whenua (through local authority forums and SmartGrowth and individuals involved in past events)

- Local authority staff

A full review of the operational arrangements of the Bay of Plenty CDEM Group has been undertaken

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The current draft Bay of Plenty Civil Defence Emergency Management Group Plan 2017-2022 was endorsed by the Coordinating Executive Group at their 17 February 2017 meeting.

The Bay of Plenty Civil Defence Emergency Management Group Joint Committee participated in a workshop on the final draft Group Plan on 24 February 2017. Following the workshop the Joint Committee approved the draft Group Plan to proceed to the public consultation phase.

5 Implications for Māori

Te Moana a Toi te Huatahi – the Bay of Plenty region has a rich and dynamic Māori landscape. Over 25 percent of the region’s population are Māori. Over 44 percent of the population in the Eastern Bay of Plenty are Māori. There are over 35 iwi, 230 hapū and more than 170 marae located across the region.

Mana whenua have the natural ability to come together quickly in an emergency response, support their community and mobilise necessary resources. Recent events including the Canterbury and Kaikoura earthquakes have demonstrated the value of this capability.

Council has a number of responsibilities that flow from the Treaty of Waitangi. These include enabling participation in decision making, having regard to kaitiakitanga, consultation and fostering development.

Input and feedback from several groups has shaped the increased consideration for involvement in the draft Group Plan. These groups include:

 Tauranga Moana Tangata Whenua Collective

 SmartGrowth Combined Tangata Whenua Forum

 WBOPDC Tangata Whenua Forums

 Komiti Māori

 Several Marae across the region through Marae Preparedness planning (this has been a key focus in the Eastern Bay).

 Individuals involved in responding to emergency events including Rena and the Mobil Oil spill.

The Group has incorporated considerations for increasing Māori participation and involvement in CDEM across all of the activities, rather than having a standalone section in the Group Plan. The draft Group Plan recognises the unique ability mana whenua have to come together and support the community in an event.

Building strong relationships and engaging with mana whenua is consistent with the principles of the Treaty of Waitangi and has been incorporated as one of the ways the Group will work.

Facilitating preparedness planning in Māori communities and identifying opportunities to support preparedness activities are seen as important activities to increase our resilience.

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During a response the Group is seeking to understand, integrate and support Māori response frameworks into the overall response effort. It will work with Māori to ensure respective response frameworks support each other.

The Group is seeking to understand and incorporate the cultural components of recovery as part of our pre-disaster recovery planning.

The Bay of Plenty CDEM Group has Co-opted Te Puni Kokiri on to the Coordinating Executive Group to specifically provide a Māori perspective into the delivery CDEM across the region. This is intended to supplement (not replace) our engagement partnership with mana whenua.

6 Next Steps

On 24 February 2017, the Joint Committee approved the Draft Group Plan for consultation. The public consultation period will be for a period of one month starting in May.

When the plan is open for public consultation it will be circulated out to all stakeholders and partners. BOPRC’s Kotahitanga Strategic Engagement team have offered to support this by sending out the draft through existing networks. This will be the opportunity for our partners to provide feedback on the draft document.

At the end of the consultation period any submissions will be collated, responded to and where required heard by a hearings panel. The hearings panel is made up of three members of the Joint Committee.

Upon completion of the consultation phase the Civil Defence Emergency Management Group is required to provide the Draft Group Plan to the Minister of Civil Defence for review and must allow the Minister 20 working days to comment. Following this process the revised Plan will be brought back to the Joint Committee for final approval.

It is noted that following the approval by the Joint Committee on 24 February 2017 for the Draft Group Plan to go to public consultation, the Ministry of Civil Defence Emergency Management had indicated that all Groups are to incorporate the changes brought about through the Civil Defence Emergency Management Amendment Act 2016 as they relate to recovery activities. Currently the Group is seeking clarification from the Ministry on the new legislative requirements to be included in the plan. Once this is received it is anticipated the plan will be able to go out for public consultation acknowledging that there may be a delay in the timing of the public consultation phase.

7 Marae Preparedness

The Marae Emergency Preparedness toolkit was launched in June 2016 at Te Mānuka Tutahi Marae. The Marae Emergency Preparedness Implementation Strategy released soon after, sets out the process and programme for engagement.

Marae will be prioritised according to hazard risk, namely risk to earthquake and tsunami, including those in coastal tsunami inundation zones. Marae that are able to work collaboratively in a collective (as a cluster) either due to iwi affiliation or proximity will also be given preference. Marae that are actively engaged with Civil Defence partner agencies (such as Te Puni Kōkiri, District Health Board, Fire

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Service etc) will be prioritised, to ensure that BOP CDEM Group are able to leverage off the relationships and the programmes already in place.

7.1 Progress to date

This year we have held three workshops covering total of 22 Marae, 62 attendees and 8 different iwi. An Ōpōtiki coast cluster meeting was held on 19 February with 21 attendees with representation from 11 marae and 5 iwi including

 Upokorehe (Whakatohea)

 Whakatōhea

 Ngāitai

 Te Whānau a Apanui

 Tūhoe (observing)

A Whakatāne cluster meeting was held on 13 March with 26 attendees representing 10 marae and 2 iwi

 Ngāti Iwi

 Patuwai

A Tauranga based cluster on 15 March had 15 attendees, representing Huria Ngāi Tamarawaho and Ngāti Ranginui.

7.2 Further work planned

A further workshop at Pāpāmoa is scheduled for this year with Ngā Potiki to complete the 2016/2017 work programme. This work will continue to be delivered in the 2017-18 year.

The success of the project is evident with requests received from a further 57 Marae. Emergency Management Bay of Plenty has a limited capacity to deliver on the demand for engagement. It is noted that a dedicated resource will need to be allocated to fully meet the demand, not only for new engagement but follow up and review of plans that are in progress or completed.

Matthew Harrex Manager, Planning & Development for Director, Emergency Management Bay of Plenty

19 April 2017 Click here to enter text.

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