Agenda of Waiāri Kaitiaki Advisory Group Meeting

Terms of reference - Waiāri Kaitiaki Advisory Group

Membership

Chairperson	Vacant
Deputy Chairperson	Darlene Dinsdale
Tauranga City Council members	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Western Bay of Plenty District Council members	Mayor Garry Webber Deputy Mayor John Scrimgeour
Iwi representatives	Jo'el Komene - Tapuika Iwi Authority Maru Tapsell – Te Kapu o Waitaha Darlene Dinsdale - Mokopuna o Tia me Hei Manu Pene - Ngati Whakaue ki Maketu (Te Hononga)
BOP Regional Council	General Manager – Environmental Management
Tauranga City Council staff advisors	Chief Executive General Manager: Infrastructure Manager: City Waters Manager: Asset and Infrastructure Planning
Western Bay Of Plenty District Council staff advisors	Chief Executive Group Manager: Engineering Utilities Manager
BOP Regional Council staff advisor	Consents Manager
Meeting Frequency	As required by the group.

Role

· Monitor and provide advice to Tauranga City Council and Western Bay of Plenty District Council as the joint consent holders in relation to matters covered under Resource Consent #65637 being to take water from the Waiāri stream for municipal supply.

Scope

· Consider and report on the monitoring requirements and outcomes of the resource consent.

· Discuss the results of other monitoring undertaken by the group, which may include monitoring the adverse effects on environmental, heritage, cultural, economic and recreational aspects.

· Determine the actions to be taken in response to monitoring reports as appropriate.

· To inform the Bay of Plenty Regional Council of the effects of the water take authorised under the consent on the mauri and mauriora of the Waiāri Stream.

· Review and provide feedback to Tauranga City Council and Western Bay of Plenty District Council on the Water Conservation Strategy required to be submitted as a condition of the consent.

· Discuss any other relevant matters that may be agreed by the group.

This group reports to the Tauranga City Council/Western Bay of Plenty District Council Joint Governance Committee; however, if this is not in place, this group will report to the individual councils.

NB: The Waiāri Kaitiaki Advisory Group shall cease if all members of the group agree the group is to be disbanded. In such case Tauranga City Council and Western Bay of Plenty shall give written notice of this to the Chief Executive of the BOP Regional Council.

For the avoidance of doubt, the Advisory Group is informal in nature and is NOT established as a committee, subcommittee or other subordinate decision-making bodies of Council under clause 30(1) of Schedule 7 of the Local Government Act 2002 and does not have any delegated decision-making powers.

Reports to Joint Governance Committee

UNCONFIRMED Waiāri Kaitiaki Advisory Group Meeting Minutes

10 March 2021

MINUTES

Waiāri Kaitiaki Advisory Group Meeting

Wednesday, 10 March 2021

Order of Business

1 Apologies. 3

2 Public Forum.. 3

2.1 Helen Biel 3

2.2 Vanissa Robson. 4

2.3 Rawharetua Ronaki 4

3 Acceptance of Late Items. 5

4 Confidential Business to be Transferred into the Open. 5

5 Change to Order of Business. 5

6 Confirmation of Minutes. 5

6.1 Minutes of the Waiāri Kaitiaki Advisory Group meeting held on 9 September 2020. 5

7 Declaration of Conflicts of Interest 5

8 Business. 6

8.1 Governance options for Waiāri Kaitiaki Advisory Group. 6

8.2 Waiāri Water Supply Scheme: Project Update. 7

8.3 External Report | Tapuika Iwi Authority. 7

9 Discussion of Late Items. 8

MINUTES OF Tauranga City Council
Waiāri Kaitiaki Advisory Group Meeting
HELD AT THE council chambers, tauranga city council, 91 willow street, Tauranga
ON Wednesday, 10 March 2021 AT 9.30am

PRESENT: Ms Darlene Dinsdale (Deputy and Acting Chairperson), Commissioner Shadrach Rolleston, Commissioner Bill Wasley, Cr Grant Dally, Mr Jo'el Komene, and Mr Maru Tapsell

IN ATTENDANCE: Mayor Garry Webber (Western Bay of Plenty District Council (WBOPDC), Nic Johansson (General Manager: Infrastructure), Stephen Burton (Manager: City Waters), Carlo Ellis (Manager: Strategic Māori Engagement), Richard Conning (Senior Project Manager: Waters), Peter Bahrs (Team Leader: Water Services), Keren Paekau (Team Leader: Takawaenga Māori ), Jennifer Pearson (Contractor: Asset Delivery), Cr Monique Gray (WBOPDC), Kelvin Hill (Utilities Manager - WBOPDC), Reuben Fraser (Consent Manager, Bay of Plenty Regional Council), Jessica Newlands (Senior Regulatory Project Officer - ‎Bay of Plenty Regional Council), Ms. Anahera Dinsdale, Sam Hema (Tangata Whenua Liaison), Coral Hair (Manager: Democracy Services), Robyn Garrett (Team Leader: Committee Support), and Raj Naidu (Committee Advisor)

KARAKIA

Mr Jo'el Komene opened the meeting with a Karakia.

1 Apologies

Apology

Committee Resolution WA1/21/1

Moved: Commissioner Shadrach Rolleston

Seconded: Mr Jo'el Komene

That the apology for lateness from Cr Grant Dally and absences received from Mr Manu Pene and Cr Kevin Marsh be accepted.

Carried

2 Public Forum

2.1 Helen Biel

· Acknowledged that councils had processes but highlighted that relationships with councils had not been good because physical aspects of the project were causing community concerns.

· The mokupuna were defending the rights to the water and it was important for them to understand these processes so that they could be involved in them.

· Initially iwi were not in agreement with the project due to the effects on the waterways because the water was an asset for iwi, so it had to be protected from destruction.

· The public forum speaker stated that the Tapuika Iwi Authority representative (member Jo’el Komene) had a very difficult role and was usually the subject of iwi frustrations.

At 10.39am, Cr Grant Dally entered the meeting.

· Any plans regarding the Waiāri should be mindful of iwi rights, history and cultural significance to the communities which live next to it.

· Water taken from Waiāri should not be charged to Tapuika iwi for use as it was their resource and generations had access to it for free.

2.2 Vanissa Robson

· Submitter wanted documentation that proved the approval claim to use the Waiāri.

· Member Jo’el Komene explained that the consultation document being prepared would contain this information as well as other historical information regarding the project.

· Mayor Webber had clarified that the Environment Court decision document was readily available and should be provided to the public forum speaker.

Request for information

· Staff to provide information requested by public forum speaker Vanissa Robson regarding history of Waiāri consultations and proof of claim that Waiāri was approved for intake.

2.3 Rawharetua Ronaki

· The public forum speaker had addressed the Waiāri Kaitiaki Advisory Group in a previous meeting and had asked questions which had not been answered satisfactorily.

· Before the first spade was put into the ground for the project, the processes and systems particularly from a cultural perspective should have been in place.

· Te Tiriti o Waitangi was signed to protect the land and all its assets but the Waiāri project was a case in point that this was not happening.

· The public forum speaker wanted to know why Council could not intake water from awa in its jurisdiction instead of coming to Te Puke.

· To access services that fell within Council boundaries, one needed to belong within that jurisdiction but same was not accorded to the Waiāri.

· The Waiāri and its mauri had been in the iwi for hundreds of years; and most people who were in the current meeting would never have swam in it or drank from it.

· The water was pure and fresh, and the original signing of the awa was not accepted.

· Māori had been fighting the same fight to protect their resources for many years.

· The Mauri Model, with due respect to Dr Kepa, did not need to be applied to the Waiāri because the iwi knew all the information due to generations born next to the river.

· The marae meeting had not happened and iwi always had to come to Council Chambers which was a foreign and scary place for Tangata Whenua.

· More needed to be done to understand, acknowledge, and respect the cultural significance of the awa to Māori.

· Speaking on behalf of his tipuna and whenua, the public forum speaker did not want water taken from the Waiāri because it was invaluable and he concluded with a famous whakataukī “Ko au te awa, ko te awa ko au : I am the river and the river is me”.

· Commissioner Rolleston acknowledged all the public forum speakers and stated that commissioners appreciated the information shared about the challenges, concerns and issues regarding Waiāri because it would assist towards making better decisions.

3 Acceptance of Late Items

Nil

4 Confidential Business to be Transferred into the Open

Nil

5 Change to Order of Business

Change the Order of Business

Committee Resolution WA1/21/2

Moved: Cr Grant Dally

Seconded: Commissioner Shadrach Rolleston

That the Waiāri Kaitiaki Advisory Group:

Amends the order of business so the next item of business is 8.1 Governance options for Waiari Kaitiaki Advisory Group.

Carried

6 Confirmation of Minutes

6.1 Minutes of the Waiāri Kaitiaki Advisory Group meeting held on 9 September 2020

Committee Resolution WA1/21/3

Moved: Cr Grant Dally

Seconded: Mr Jo'el Komene

That the minutes of the Waiāri Kaitiaki Advisory Group meeting held on 9 September 2020 be confirmed as a true and correct record.

Carried

7 Declaration of Conflicts of Interest

Nil

8 Business

8.1 Governance options for Waiāri Kaitiaki Advisory Group

Staff Coral Hair, Manager Democracy Services

Key points

· The report provided governance information on a number of topics raised in the Tapuika Iwi Authority report. It also covered the vacancy created in the chairperson’s role.

· With the Waiāri Kaitiaki Advisory Group not being a standing committee, it was not restricted by the Local Government Act 2002 on how meetings were conducted and had more options on how it elected the chairperson, including choosing a co-chair arrangement.

· Waiāri Kaitiaki Advisory Group meetings could be held at sites outside of Tauranga City Council Chambers and the decision on location(s) was a matter for the Waiāri Kaitiaki Advisory Group members.

· There was no urgency to make the decision on governance matters at this meeting. Given that the Joint Governance Committee between TCC and WBOPDC had been disestablished, the minutes of Waiāri Kaitiaki Advisory Group would be sent to the these councils.

In response to questions

· It was confirmed that the Waiāri Kaitiaki Advisory Group did not have decision-making delegations; however it could make recommendations to the two councils.

· Livestreaming was only available in Chambers and video-taping off-site Waiāri Kaitiaki Advisory Group meetings was an option.

· During the 9 September 2020 Waiāri Kaitiaki Advisory Group meeting, Ms. Darlene Dinsdale was the Chairperson.

Discussion points raised

· Waiāri Kaitiaki Advisory Group should have the same powers as a standing committee due to the cultural importance of the Waiāri and the environmental effects of the project.

· The 3 Waters and Freshwater reforms would have an impact on the Waiāri project and had to be taken into account.

· Commissioner Bill Wasley discussed the reasons for requesting the paper to lie on the table.

Committee Resolution WA1/21/4

Moved: Commissioner Bill Wasley

Seconded: Cr Grant Dally

That the Waiāri Kaitiaki Advisory Group:

Considers the options for chairing meetings, venue for meetings and reporting of the Waiāri Kaitiaki Advisory Group and that the report lie on the table until the next meeting.

Carried

8.2 Waiāri Water Supply Scheme: Project Update

Staff Richard Conning, Senior Project Manager: Waters

Key points

· The report was taken as read.

· Discussed the resource consent requirements and ecological monitoring.

In response to questions

· The 2010 and 2020 ecological monitoring differences were provided in the report.

· A working draft (Tangata whenua consultation - Summary Report) of the Waiāri Consenting Summary Report had been provided to iwi representatives of the Waiāri Kaitiaki Advisory Group for their perusal and feedback before the report was finalised.

· Waiāri Consenting Summary Report could be provided within two weeks after feedback was received.

· The historical records tracing had been a time-consuming process and fact-checking the information had also taken time.

· The Waiāri Stream Macroinvertebrate Summary and Trends report by 4Sight had been created due to the ecological monitoring differences.

Discussion points raised

· Timing and socialisation of reports were important, particularly for commissioners because they were new to the Waiāri Kaitiaki Advisory Group.

· There was a significant decline of the mauri of the awa, shown by the graphs in the Waiāri Stream Macroinvertebrate Summary and Trends report.

· The changes in the migratory patterns of the eels were an example of the decline in the Waiāri.

· The Waiāri Kaitiaki Advisory Group were kaitiaki and therefore must look after the mauri of the Waiāri.

Committee Resolution WA1/21/5

Moved: Commissioner Bill Wasley

Seconded: Mr Jo'el Komene

That the Waiāri Kaitiaki Advisory Group:

(i) Receives the Waiāri Water Supply Scheme: Project Update report.

(ii) The Waiāri Consenting Summary Report be made available by the end of March 2021.

Carried

8.3 External Report | Tapuika Iwi Authority

External: Jo'el Komene (Tapuika Iwi Representative)

Key points

· The main points of the report were discussed.

· No matter how difficult the conversation was going to be, meeting on a marae was of cultural significance and was about mutual respect.

· It was important to hold a meeting near the water that everyone was discussing to feel its mauri.

· Vance Skudder was the Tapuika Iwi Authority contact.

· Holding weekend meetings would give access to iwi and allow for their participation in the process.

· Mauri Model workshops were important and needed to be restarted with urgency.

· A number of questions that were contained in the report had been answered by the Information Report by staff.

· Tapuika Iwi Authority reiterated the need to access its water, without charge; the Memorandum of Understanding by TCC and WBOPDC stated they were responsible for providing infrastructure to supply water and therefore should take into account providing Tapuika people their own water free of charge.

In response to questions

· The reason to hold the Waiāri Kaitiaki Advisory Group 10 March meeting in Chambers was because it was a deferred meeting from December 2020.

Discussion points raised

· The terms of reference of the Chairperson/Co-chair roles and subsequent processes needed to be discussed and clarity provided.

· Agendas and reports had to be provided in a timely manner without changes or last minute additions so that everyone was able to peruse the documents in a timely manner.

Committee Resolution WA1/21/6

Moved: Mr Jo'el Komene

Seconded: Commissioner Bill Wasley

That the Waiāri Kaitiaki Advisory Group:

(i) Receives the Tapuika Iwi Authority report.

(ii) Reviews the role, scope, membership requirements, terms of reference, Chairperson and Co-Chair requirements of Waiāri Kaitiaki Advisory Group.

(iii) A workshop to be held on a marae in early May 2021 to develop the draft report.

(iv) The review final report to be provided by 9 June 2021.

Carried

Organise Workshop

· Staff to organise a workshop.

9 Discussion of Late Items

Nil

KARAKIA

Mr Jo'el Komene closed the meeting with a Karakia.

The meeting closed at 12.15pm

The minutes of this meeting were confirmed at the Waiāri Kaitiaki Advisory Group meeting held on 9 June 2021.

...................................................

CHAIRPERSON

Waiāri Kaitiaki Advisory Group Meeting Agenda

9 June 2021

9 Business

9.1 Updated Terms of Reference and Co-Chairing option for the Waiari Kaitiaki Advisory Group

File Number: A12594341

Author: Coral Hair, Manager: Democracy Services

Authoriser: Susan Jamieson, General Manager: People & Engagement

Purpose of the Report

1. This report sets out an updated Terms of Reference and recommends a Co-Chairing arrangement for the Waiāri Kaitiaki Advisory Group to consider.

Recommendations

That the Waiāri Kaitiaki Advisory Group:

(a) Receives the report “Updated Terms of Reference and Co-Chairing option for the Waiāri Kaitiaki Advisory Group”.

(b) Agrees to a Co-Chairing arrangement for the Waiāri Kaitiaki Advisory Group.

(c) Considers how the Co-Chairs are to be selected (either elected or appointed) and include this in the Terms of Reference and position description for the Co-Chairs.

(d) Adopts the updated Terms of Reference for the Waiāri Kaitiaki Advisory Group as set out in Attachment 1, subject to amendments on how Co-Chairs are to be selected.

(e) Recommends to the consent holders (Tauranga City Council and Western Bay of Plenty District Council) that the updated Terms of Reference for the Waiāri Kaitiaki Advisory Group be approved.

(f) Adopts the position description for the Co-Chairs as set out in Attachment 2, subject to any amendments on how the Co-Chairs are to be selected.

(g) Agrees to the agendas and minutes of the Waiāri Kaitiaki Advisory Group being publicly available.

(h) Agrees to livestream or record meetings and make these recordings publicly available as soon as practical following a meeting.

Background

2. The Waiāri Kaitiaki Advisory Group (WKAG) considered a report on Governance Options at its meeting held on 10 March 2021. This report advised that there was a vacancy in the position of Chairperson of WKAG with the appointment of Commissioners Shad Rolleston and Bill Wasley in place of the four Councillors and set out options to replace the Chairperson including a co-chairing arrangement. It was agreed that the report would lie on the table and be considered at the June meeting, after the matters had been considered at a workshop.

3. Two workshops were held on 20 April and 26 May 2021.

4. There was agreement at the workshops on the need to update the Terms of Reference and the changes proposed at these workshops are set out in Attachment 1 for the WKAG to consider and adopt.

5. There was also agreement at the workshops on appointing Co-Chairpersons, with one chair to represent the consent holders and one chair to represent iwi/hapū representatives.

6. A draft position description for the Co-Chairs is set out in Attachment 2. It does not include how the Co-Chairs are to be selected and this matter will need to be decided. The report provides some options for the WKAG to consider.

7. The resource consent states that the consent holders must form the WKAG and is not specific after that in terms of who approves the Terms of Reference. However, for clarity and to ensure buy in from the consent holders, it is recommended that the WKAG seek approval from the Tauranga City Council and the Western Bay of Plenty District Council for the revised Terms of Reference.

Strategic / Statutory Context

8. The WKAG is informal in nature and is not established as a committee, subcommittee or other subordinate decision-making body of Council under clause 30 (1) of Schedule 7 of the Local Government Act 2002 (LGA) and does not have any delegated decision-making powers.

9. This means that the WKAG is not constrained by the legislation relating to chairing meetings (the LGA does not provide for co-chairs), standing orders or other requirements around meetings such as public agendas and notifying meetings.

Options Analysis

Terms of Reference

10. An updated Terms of Reference (TOR) is set out in Attachment 1. The main changes include:

(a) establish Co-Chairs and include a Co-Chair selection process.

(b) provide for iwi alternate representatives.

(d) alternate meetings between week and weekend days where possible.

(e) decision-making by consensus where possible. Co-Chair who is chairing the meeting to have a casting vote where there is an equal number of votes.

(f) add a Whakataukī.

(g) add a Background section.

(h) update Role and Scope sections.

(i) amend reporting requirements – WKAG will report to all entities who are members of the group.

11. The WKAG has the option of adopting the TOR, with or without changes, at this meeting.

12. The WKAG also has the option to defer the decision, hold another workshop on the matter and bring back an amended TOR to the next meeting. This option would be needed if there were substantial changes and further discussion required.

co-chairs selection process

13. The draft position description for the Co-Chairs recommends that the Co-Chairs would be appointed or elected every three years in alignment with the local government election cycle. This will take place as soon as is reasonably practical following local government elections. However, given the current vacancy in the Chairperson position, the Co-Chairs can be appointed or elected at this time, if the WKAG decides.

Option 1 – ELECTION of CO-CHAIRS

14. The WKAG has the option to elect the Co-Chairs. This option would require nominations to be put forward at a meeting of the WKAG for one representative from the consent holders (Tauranga City Council and Western Bay District Council) and one representative from iwi/hapū representatives.

15. If more than one nomination for each Co-Chair position is received, the WKAG would vote on each position. This would be open voting by a show of hands. The person who received the most votes would be elected to the position.

16. The advantages of this option are that all the members would have an opportunity to vote for both Co-Chairs and the decision rests with the WKAG. It would also be a quicker option.

17. The disadvantage of this option is that the consent holders and iwi/hapū may not have their preferred candidate elected and it may not be appropriate for representatives from the consent holders to vote on iwi/hapū representatives and vice-versa.

Option 2 – appointment OF CO-CHAIRS – recommended option

18. The WKAG has the option to appoint Co-Chairs from the various membership groups.

19. In this option the Co-Chair representing the consent holders will be appointed by the Tauranga City Council and Western Bay District Councils. A report would go to both councils recommending a preferred appointee and would need to be resolved by both councils.

20. The Co-Chair representing iwi/hapū will be appointed by the iwi/hapū representatives. The method of deciding on this would be a matter for the iwi/hapū representatives to determine.

21. The advantages of this option are that the consent holders and iwi/hapū have the ability to appoint the representative that they choose. Autonomy would lie with the respective parties on the WKAG.

22. The disadvantages of this option are that there is no public scrutiny of the process for choosing representatives and it is a slower process than Option 1.

OPTION 3 - APPOINT CHAIRPERSON

23. The WKAG has the option to not appoint Co-Chairs and to replace the vacancy in the Chairperson position with one person.

24. This option would retain the Deputy Chair as there is no vacancy in this position.

25. The advantage of this option is that it retains the status quo.

26. The disadvantage of this option is that it does not align with the feedback from the workshops and would require the draft TOR to be changed.

meeting venues and publicly available information

27. Tapuika Iwi Authority asked that all future WKAG meetings are held on marae with some meetings to be held during a weekend day.

28. This was discussed at the workshops and it was agreed to alternate meetings between councils and marae and between week and weekend days, where possible. This is reflected in the draft TOR.

29. The WKAG meetings are also not subject to the Local Government Official Information and Meetings Act 1987 (LGOIMA) that requires council agendas and minutes to be made publicly available. However, there was agreement among members of WKAG that the agendas and minutes be publicly available on the Tauranga City Council’s website and that the meetings be either livestreamed or recorded and made public as soon as practical following a meeting.

30. Any items that may be considered sensitive or confidential could be held with the public excluded.

REPORTING OF WKAG

31. The current TOR state that the WKAG reports to the TCC/WBOPDC Joint Governance Committee and, if this joint committee is not in place, the WKAG would report to the individual councils. The Joint Committee has not been established after the October 2019 elections.

32. The draft TOR state that the WKAG will report to the entities of all members of the WKAG. Any specific recommendations to consent holders or the Bay of Plenty Regional Council would go through to those councils for consideration.

Financial Considerations

33. There are no financial implications of these decisions.

Legal Implications / Risks

34. There are no legal implications of these decisions.

Significance

35. The Local Government Act 2002 requires an assessment of the significance of matters, issues, proposals and decisions in this report against Council’s Significance and Engagement Policy. Council acknowledges that in some instances a matter, issue, proposal or decision may have a high degree of importance to individuals, groups, or agencies affected by the report.

36. In making this assessment, consideration has been given to the likely impact, and likely consequences for:

(a) the current and future social, economic, environmental, or cultural well-being of the district or region

(b) any persons who are likely to be particularly affected by, or interested in, the governance of WKAG.

37. In accordance with the considerations above, criteria and thresholds in the policy, it is considered that the decision is of low significance.

ENGAGEMENT

38. Taking into consideration the above assessment, that the decision is of low significance, officers are of the opinion that no further engagement is required prior to WKAG making a decision.

Click here to view the TCC Significance and Engagement Policy

Next Steps

39. TOR approved by consent holders (TCC and WBOPDC).

40. Co-Chairs to be appointed or elected.

41. WKAG meetings to alternate between council venues and marae and between week and weekend days, be livestreamed or recorded.

42. WKAG reporting to all entities of members of the WKAG.

Attachments

1. Waiari Kaitiaki Advisory Group - Draft Terms of Reference - A12567519 ⇩

2. Waiari Kaitiaki Advisory Group - Co-Chairs Position Description - Draft - A12567517 ⇩

Waiāri Kaitiaki Advisory Group Meeting Agenda

9 June 2021

Terms of reference - Waiāri Kaitiaki Advisory Group

Membership

Co-chairs	Two members to be appointed/elected as Co-chairs. One Co-chair to be a consent holder representative and one Co-chair to be an iwi/hapū representative.
Tauranga City Council representatives (2)	Commissioner Shadrach Rolleston Commissioner Bill Wasley
Western Bay of Plenty District Council representatives (2)	Mayor Garry Webber Deputy Mayor John Scrimgeour
Iwi/ hapū representatives (4)	Jo'el Komene - Tapuika Iwi Authority Maru Tapsell – Te Kapu o Waitaha Darlene Dinsdale - Mokopuna o Tia me Hei Manu Pene - Ngāti Whakaue ki Maketu (Te Hononga)
Iwi/hapū representatives (alternates)	Tapuika Iwi Authority Te Kapu o Waitaha Mokopuna o Tia me Hei Ngāti Whakaue ki Maketu (Te Hononga)
Bay of Plenty Regional Council representative (non-voting)	General Manager – Environmental Management
Quorum	One representative from each member entity, including one of the Co-chairs. The Bay of Plenty Regional Council representative is not counted towards quorum.
Decision making	By consensus where possible. If consensus cannot be reached, by majority vote. If there is an equal number of votes, the Co-chair who is chairing the meeting has a casting vote.
Meeting frequency	Four times a year or as required by the group. Meetings to alternate between week and weekend days if possible.
Meeting venue	To alternate between marae and council venues; or as appropriate to a meeting agenda and agreed by the Co-chairs.

Advisory staff

Tauranga City Council

Chief Executive

General Manager: Infrastructure

Director: City Waters

Manager: Water Services

Manager: Water Infrastructure Outcomes

Manager: Strategic Māori Engagement

Western Bay of Plenty District Council

Chief Executive

Group Manager: Engineering

Utilities Manager

Bay of Plenty Regional Council

Consents Manager

Ko te wai te ora o ngā mea katoa

Background

· The Waiāri Kaitiaki Advisory Group (WKAG) was established by consent conditions to provide advice to Tauranga City Council (TCC) and Western Bay of Plenty District Council (WBOPDC) as the joint consent holders in relation to matters covered under Resource Consent #65637, which authorises the take and use of water from the Waiāri Stream for municipal supply.

· Resource Consent #65637 was granted in 2010; since then there has been significant consolidation of iwi interests in the region.

· Waitaha (2011) and Tapuika (2012) have signed historic Treaty Settlements and Ngāti Whakaue are still in negotiations.

· Tauranga City Council has active protocol agreements with Waitaha, Tapuika and Ngāti Whakaue ki Maketu including addendums that set out items and areas of significance to each entity.

· The treaty settlements, protocols, addendums and any subsequent plans submitted by Waitaha, Tapuika and Ngāti Whakaue ki Maketu shall be considered as background and context to the operations of the WKAG.

Role

· To exercise kaitiakitanga in relation to the Waiāri Stream to restore, protect and enhance the awa.

· To provide advice and recommendations to Tauranga City Council and Western Bay of Plenty District Council, as the joint consent holders, in relation to matters covered under Resource Consent #65637 which authorises the taking of water from the Waiāri Stream for municipal supply.

Scope

· Provide advice and recommendations to the consent holders relating to projects, action or research designed to restore, protect or enhance the health and well-being of the Waiāri Stream.

· Consider the monitoring requirements and outcomes under conditions 7.1 and 7.2 of the consent. Discuss the results of other monitoring undertaken by the group, which may include monitoring the adverse effects on environmental, heritage, cultural, economic and recreational aspects.

· Determine the actions to be taken in response to monitoring reports and make recommendations to the consent holders as appropriate.

· Provide advice and make recommendations to the consent holders and the Bay of Plenty Regional Council in relation to Part 2 and, in particular, to sections 6(e) and 7(a) of the Resource Management Act 1991, as they relate to this consent.

· Inform the Bay of Plenty Regional Council of the effects of the water take authorised under the consent on the mauri and mauriora of the Waiāri Stream.

· Review and provide feedback to Tauranga City Council and Western Bay of Plenty District Council on the Water Conservation Strategy required to be submitted as a condition of the consent.

· Discuss any other relevant matters that may be agreed by the group.

· Work together with the Kaitiaki Group established under Resource Consent RM16-0204-DC.04; which authorises the Western Bay of Plenty District Council to discharge treated wastewater from the Te Puke Wastewater Treatment Plant to the Waiāri Stream.

Reporting

The Waiāri Kaitiaki Advisory Group will report to its member entities key discussion points, outcomes and actions following each formal meeting of the Advisory Group.

Co-chair selection process

· Co-chairs will be elected/appointed (delete one) every three years in alignment with the local government election cycle. The election will take place as soon as is reasonably practical following local government elections.

· The Co-chair representing the consent holder will be appointed by the Tauranga City Council and Western Bay District Councils OR elected by majority vote by the WKAG at its first meeting (delete one).

· The Co-chair representing iwi/hapū will be appointed by the iwi/hapū representatives OR elected by majority vote by the WKAG at its first meeting (delete one).

NB: Resource consent condition 10.2 defines the membership of the Waiāri Kaitiaki Advisory Group.

Resource consent condition 10.7 notes that the Waiāri Kaitiaki Advisory Group shall cease if all members of the group agree the group is to be disbanded. In such case Tauranga City Council and Western Bay of Plenty District Council (as consent holders)^{^[1]} shall give written notice of this to the Chief Executive of the Bay of Plenty Regional Council.

Advice notes from Resource Consent #65637 include:

(10) The Kaitiaki Advisory Group may make recommendations to the Regional Council to review conditions of this consent in accordance with condition 11 and s128 of the Resource Management Act 1991.

Waiāri Kaitiaki Advisory Group Meeting Agenda

9 June 2021

Position outline: Co-Chairpersons

Waiāri Kaitiaki Advisory Group

1.1 Title	2.1 Co-Chairpersons
3.1 Committee	4.1 Waiāri Kaitiaki Advisory Group
5.1 Date	6.1 31/05/2021

Position purpose

The Co-Chairpersons (Co-chairs) of the Waiāri Kaitiaki Advisory Group (WKAG) have a governance role to ensure that the WKAG meets regularly and undertakes its role to monitor and provide advice to Tauranga City Council and Western Bay of Plenty District Council, as the joint consent holders of Resource Consent #65637 to extract water from the Waiāri Stream for municipal supply.

The Co-chairs will oversee and co-ordinate all activities of the WKAG within their specific terms of reference and delegated authority, providing guidance and direction to all members and liaising with Council staff in setting the content and priorities of meeting agendas.

The Co-chairs will be accountable for ensuring that any recommendations from the WKAG are considered by the Tauranga City Council, Western Bay of Plenty District Council and Bay of Plenty Regional Council respectively.

One Co-chair will be appointed from the consent holders’ representatives on WKAG and one Co-chair will be appointed from the iwi/hapū representatives on the WKAG as set out in the terms of reference for the WKAG.

This position description will cover both co-chairs. Note: only one co-chair will chair each meeting. The rotation of meeting chairs is at the discretion of the co-chairs and subject to their availability; however, it would be expected that the co-chairs alternate chairing meetings when possible.

The term of appointment will be from June 2021 to October 2022. The expiry of the term coincides with the October 2022 local government elections which may result in different representatives from both councils being appointed to the WKAG.

The role has full voting rights and where there is an equal number of votes, the co-chair who is chairing the meeting also has a casting vote.

Competencies

7.1 Competencies	8.1 Description
9.1 Te Tiriti o Waitangi	· Understanding of, or a commitment to develop capability, with respect to Te Tiriti o Waitangi. · A commitment to demonstrating strong relationships as intended by Te Tiriti o Waitangi.
10.1 Te Ao Māori	· Actively encourages feedback into discussion that highlights and explains Māori values and concepts that can enhance decision making processes. · Ensures that those aspects that may not usually be considered well or with strong understanding are given reasonable time and resource to be well considered. · Takes into consideration the views and interests of the iwi and hapū members appointed to the WKAG. · Has an understanding of tikanga.
11.1 Governance Experience	12.1 General Requirements · Understands local government’s obligations in relation to water and is familiar with the resource consent conditions relating to Waiāri. 13.1 14.1 Specific Requirements · Board or governance experience. · Understands and respects the differing roles of the Commission, Mayor and Councillors, Bay of Plenty Regional Council and iwi/hapū representatives; and any other appointees to the WKAG. · Recognises that the Co-chair role does not extend to operational matters or to the management of any implementation. · Develops and maintains a working knowledge of the Waiāri water project. · Understands the context of the three waters reform process in local government. · Familiar with and complies with the statutory requirements of a member including appropriate recordkeeping in accordance with the Public Records Act 2005 and the Local Government Official Information and Meetings Act 1987. · Ability to chair a meeting in an effective and efficient manner. 15.1
16.1 Leadership and Strategic Experience	· Strategic and/or leadership experience. · Committed to promoting the profile and effectiveness of the WKAG. · Transparent and upfront approach. 17.1

Personal Attributes

18.1 Personal Attributes	19.1 Description
20.1 Mana (status) and integrity	· Has the status to manage meetings on marae as well as in Council Chambers. · High organisational ethics, accepts collective responsibility, respects confidentiality. · Identifies, is aware of and declares any potential personal conflicts of interest, whether of a pecuniary or non-pecuniary nature. 21.1
22.1 Communication	· Listens actively and accurately, encourages input from others, debates in reasoned and calm way. · Ability to communicate complex and technical information appropriate to the audience. 23.1
24.1 Decision Making	· Fosters consensus-based decision making. · Broad perspective - both short and long term. · Fully considers all options. 25.1
26.1 Teamwork/ Collaboration	· Actively participates in and facilitates team effectiveness of the WKAG. · Works productively and openly with colleagues. · A proactive approach to advising members of matters that require further attention. · Supports the decision of the WKAG to others outside of the WKAG. 27.1
28.1 Leadership	· Proven skills and willingness to apply leadership in a governance context. · Skilled at coordinating and summarising viewpoints of meeting attendees. · Facilitating style of chairmanship that enables quality participation and outcomes. · Solutions and outcomes focused. · Objective leadership capabilities and skilled in guiding discussion towards shared and mutually beneficial outcomes. · Inclusive chairmanship to ensure voices are heard objectively. 29.1

Co-Chair Tasks

30.1 Co-Chair tasks	31.1 Description
32.1	· Chair meeting. · Provide advice on courses of action to progress the WKAG in its deliberations and outcomes. · Ensure requests are resolved by the WKAG and actioned in a timely manner. · Liaise with Council staff in setting the content and priorities of meeting agendas and attend pre-agenda meetings. · Ensure appropriate communication occurs with WKAG members and other appropriate groups/partners.

30.1 Co-Chair tasks

31.1 Description

32.1

· Chair meeting.

· Provide advice on courses of action to progress the WKAG in its deliberations and outcomes.

· Ensure requests are resolved by the WKAG and actioned in a timely manner.

· Liaise with Council staff in setting the content and priorities of meeting agendas and attend pre-agenda meetings.

· Ensure appropriate communication occurs with WKAG members and other appropriate groups/partners.

Waiāri Kaitiaki Advisory Group Meeting Agenda

9 June 2021

9.2 Waiari Water Supply Scheme: Project Update

File Number: A12567011

Author: Richard Conning, Senior Project Manager: Waters

Authoriser: Nic Johansson, General Manager: Infrastructure

Purpose of the Report

1. To provide a project update

Recommendations

That the Waiāri Kaitiaki Advisory Group:

(a) Receives the Waiari Water Supply Scheme: Project Update report.

Background

2. The Waiāri Water Supply Scheme provides for the treatment and reticulation (pipeline construction) of up to 60,000m3 fresh water for the growing Western Bay of Plenty. The project has approximately 18 months until completion. The resource consent for the water take is shared between Tauranga City Council (75%) and WBOPDC (25%).

3. The physical works to complete the scheme is delivered via six different construction contracts being three pipeline contracts, a filtration membrane contract, an intake and pump station contract and a treatment plant construction contract.

4. There are a number of other professional services contracts that form part of the scheme delivery including design and consenting, cost management, construction observation and software development.

Mauri Model

5. Mokopuna Tia me Hei are planning to undertake a workshop to inform the mauri model development in June.

6. TCC is in discussions with Dr Morgan in relation to the potential to implement an interactive mauri model. The interactive model would be publicly accessible via TCC’s external website. It would be kept “live” via regular indicator updates of the four dimensions. The four dimensions are; Community (Social), Ecosystem (Environmental), Hapu (Cultural) and Whanau (Economic).

7. The frequency of updating for each dimension will be variable due to the nature of the indicators being measured. The Waiāri Intrinsic (environmental) dimension has the potential to be linked to TCC’s real time water quality monitoring system.

8. An interactive model presents the opportunity to enable effects-based decisions to be made that take into consideration effects on mauri. Mauri states for the four dimensions can be combined in different ratios to reflect worldview bias demonstrating how the result would be experienced by different parties.

9. Discussions on this opportunity are at an early stage, further reporting on this initiative will be provided as it develops. A mock-up of the interactive graphic options is shown below:

Mock-up: Incorporation of stakeholder bias

Mock-up: Real time empirical data communication

Waiāri Ecological Stream Monitoring

10. The 2021 stream monitoring was completed on the 23rd February 2021, the finalised report is provided as Attachment 1.

11. Keren Bennett from 4Sight Consulting will provide a presentation on the findings.

Communication and Engagement

1. With the pipeline almost complete, there will be less community engagement with residents along the pipeline route.

2. TCC commissioners visited the water treatment plant site and saw the Waiair Stream in early May to better understand the project.

3. We held a planting day with tangata whenua Saturday 22 May at the intake site and also were able to share progress on the intake preparation and access road. Dean Flavell provided the karakia and it was great to see a wide range of ages planting trees for the next generation to enjoy.

4. We are planning a further planting day at treatment plant site in June/July. This will include members of the community and also families from the project team. We are hoping to also be able to run tours of the site to show construction to date to visitors on the day. There are now several different companies working on parts of the water treatment plant.

5. We are planning to offer tours to WKAG and other local hapu members of the intake site, treatment plant site and Oropi treatment plant to see how it looks in action.

6. We are looking to work Te Kahui Ako Forum for the local schools, to see if there is any opportunity for specific learning experiences with the Waiari project.

7. Project e-news are continuing to be circulated every three - four weeks to over 500 subscribers.

8. TCC are looking to put together some video footage and interviews with key stakeholders for the project. We would be keen for WKAG input to this kaupapa.

9. We will continue to explore opportunities to share information, answer queries and provide communication where needed, this may include up and coming public engagements as the project progresses.

Water Safety Plan and integrated catchment management plan

10. As part of its legislative commitments, Tauranga City Council (TCC) is required to prepare, maintain and implement a Water Safety Plan (WSP).

11. The WSP aims to identify all the known risks in the water supply system (water source, treatment and distribution) and to provide preventive measures and or barriers to contamination, with regular check and action taken when signs of contamination has occurred. TCC have recently had their second revision of their WSP approved by the Drinking Water Assessor.

12. The Waiāri Scheme has been noted in the WSP where appropriate however it was agreed with the Drinking Water Assessor that the detailed risk assessment, of the Waiāri Water Supply Scheme, would be reviewed and incorporated into the WSP once the final supply scheme risk review is undertaken. The current WSP largely covers the risks as the Waiāri Scheme operation will be very similar to the existing water supply schemes.

13. In parallel the Operational Integrated Catchment Management Plan for existing water supplies is being updated. The Waiāri is being incorporated as appropriate however the final update of the plan will await the outcomes of the Waiāri Mauri Model process and the wider stakeholder catchment engagement process that is being led by Zest Consulting.

Project Updates

Consent Compliance: Physical works

14. We have had an independent compliance auditor engaged since the commencement of works to ensure all sites maintain compliance with the resource consent conditions for physical works. Where issues or concerns are identified they are notified to the contractor, MSQA team and TCC project manager for action. No compliance issues have been identified this reporting period.

15. BOPRC undertake regular compliance checks across all the work sites. To date no non-compliance notices have been issued.

Pipelines

16. All of the pipelines are now installed. Final work to install valves and reinstate the work areas is being undertaken, all physical works are due to be complete by October 2021.

17. Flushing of the pipelines will follow the physical works; planning is underway for this activity. Flushing requires a significant volume of water, the current thinking is to fill the pipeline as much as possible from the current TCC supply and to then top up the pipeline from either the WBOPDC Eastern Supply Zone (ESZ2) bore or draw water from the Waiāri using a temporary intake pump.

Intake and Pump Station contract

18. The precast panels that make up the pump station building are currently being installed. Works to remove the sheet plies in the stream bank are planned to be complete by September 2021.

19. Construction of the intake and pump station is expected to be completed by May 2022

Water Treatment Plant contract

20. Works are well underway on the treatment plant facility; the buildings are beginning to take shape, the permanent stormwater management pond and reservoir are underway.

21. The construction of the water treatment plant, reservoir and landscaping is expected to be completed by May 2022.

Filtration Membrane contract

22. This contract has been awarded and the membranes will be installed once the water treatment plant construction has progressed to the point of the membrane hall being constructed. The membranes are expected to be installed by December 2021.

Commissioning and testing

23. Once the construction contracts are complete there will be a period of commissioning and testing before potable water can be delivered to the community. It is expected that potable water will be delivered to the community from November 2022.

Attachments

1. Ecological Monitoring Report Feb 2021 - A12571115 ⇩


AGENDA Waiāri Kaitiaki Advisory Group Meeting Wednesday, 9 June 2021
I hereby give notice that a Waiāri Kaitiaki Advisory Group Meeting will be held on:
Date:	Wednesday, 9 June 2021
Time:	9.30am
Location:	Makahae (Te Kahika) Marae 20 Te Kahika Road Te Puke
If possible, please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive