Agenda of Waiāri Kaitiaki Advisory Group Meeting

Terms of reference - Waiāri Kaitiaki Advisory Group

Membership

Co-chairs	Two members to be appointed as co-chairs. Commissioner Shadrach Rolleston, Co-chair representative of consent holder; and Darlene Dinsdale – Mokopuna o Tia me Hei, Co-chair representative of iwi/hapū
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)	Consents Manager
Quorum	Two representatives from the consent holders and two representatives from iwi/hapu, including one of the Co‑chairs. However, where a major decision is required, the quorum will be one representative from each entity. 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

Compliance Officer with responsibility for Resource Consent #65637

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.

· Te Kapu o Waitaha (2013) and Tapuika Iwi Authority (2014) have signed historic Treaty Settlements and Te Runanga o Ngāti Whakaue ki Maketu (Te Hononga) 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.

· Te Maru o Kaituna River Authority was established by the Tapuika Claims Settlement Act 2014 for the purpose of restoration, protection and enhancement of the environmental, cultural and spiritual health and wellbeing of the geographical area of the Kaituna River Catchment. It is a permanent joint committee under the Local Government Act 2002 and co-governance partnership between local authorities and iwi that share an interest in the Kaituna River. Recommendations will be made to Te Maru o Kaituna River Authority where required.

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.

· Provide advice and recommendations to the consent holders on the future governance model of the Waiāri Stream.

· Provide recommendations to Te Maru o Kaituna River Authority where required.

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 appointed every three years in alignment with the local government election cycle. The appointments 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.

· The Co-chair representing iwi/hapū will be appointed by the iwi/hapū representatives.

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.

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.

UNCONFIRMED Waiāri Kaitiaki Advisory Group Meeting Minutes

30 March 2022

MINUTES

Waiāri Kaitiaki Advisory Group Meeting

Wednesday, 30 March 2022

Order of Business

1 Opening karakia. 3

2 Apologies. 3

3 Public forum.. 3

4 Acceptance of late items. 3

4.1 Three Waters Western Bay of Plenty. 3

5 Confidential business to be transferred into the open. 3

6 Change to order of business. 4

7 Confirmation of Minutes. 4

7.1 Minutes of the Waiāri Kaitiaki Advisory Group meeting held on 24 November 2021. 4

8 Declaration of conflicts of interest 4

9 Business. 4

9.1 Waiari Water Supply Scheme - Project Update. 4

9.2 Water Planning Update. 5

9.3 Bay of Plenty Regional Council - Resource consenting and water allocation. 6

9.4 Joint Tangata Whenua Representative Report 7

9.5 Three Waters Western Bay of Plenty. 8

10 Discussion of late items. 8

11 Closing karakia. 9

MINUTES OF Tauranga City Council

Waiāri Kaitiaki Advisory Group Meeting

HELD AT THE Makahae Marae, 16 Te Kahika Road West, Te Puke

ON Wednesday, 30 March 2022 AT 9.30am

PRESENT: Commissioner Shadrach Rolleston (Chairperson), Ms Darlene Dinsdale, Commissioner Bill Wasley, Mayor Garry Webber (Western Bay of Plenty District Council), Deputy Mayor John Scrimgeour (Western Bay of Plenty District Council), Mr Jo'el Komene, Mr Manu Pene, Mr Maru Tapsell, Mr Liam Tapsell

IN ATTENDANCE: Nic Johansson (General Manager: Infrastructure), Carlo Ellis (Manager: Strategic Māori Engagement), Peter Bahrs (Team Leader: Water Services), Kelvin Hill (Manager: Water Infrastructure Outcomes), Claudia Hellberg (Team Leader: City Waters Strategy & Planning), Sam Hema (Tangata Whenua Liaison), Reuben Fraser (Consent Manager, BoP Regional Council), Keren Paekau (Team Leader: Takawaenga Māori), Jennifer Pearson (Community Engagement Advisor: Infrastructure Delivery), Robyn Garrett (Team Leader: Committee Support), Sarah Drummond (Committee Advisor), Anahera Dinsdale (Committee Advisor), Helen Biel, Rawiri Biel, Ngaire Dinsdale, Rereamanu Wihapi, Mokoera Te Amo, Heeni Potene, Keith Paul, John Dinsdale, Anthony Wihapi, EJ Wentzel (WBOPDC).

1 OPENING KARAKIA

Mr Rereamanu Wihapi opened the meeting with a karakia.

2 Apologies

Nil

3 Public forum

Nil

4 Acceptance of late items

4.1 Three Waters Western Bay of Plenty

Committee Resolution WA1/22/1

Moved: Commissioner Bill Wasley

Seconded: Ms Darlene Dinsdale

That the Three Waters Western Bay of Plenty report be received.

Carried

5 Confidential business to be transferred into the open

Nil

6 Change to order of business

Nil

7 Confirmation of Minutes

7.1 Minutes of the Waiāri Kaitiaki Advisory Group meeting held on 24 November 2021

Committee Resolution WA1/22/2

Moved: Mayor Garry Webber

Seconded: Ms Darlene Dinsdale

That the minutes of the Waiāri Kaitiaki Advisory Group meeting held on 24 November 2021 be confirmed as a true and correct record.

Carried

8 Declaration of conflicts of interest

Nil

9 Business

9.1 Waiāri Water Supply Scheme - Project Update

Staff Kelvin Hill - Manager: Water Infrastructure Outcomes

Key points

· Report taken as read

In response to questions

· District Health Board was in the process of putting together a timeframe for plan of delivery for cultural recognition. Covid had caused a delay.

· Tangata Whenua involvement in environmental management feedback was to consider the use of Maramataka (Māori lunar calendar) and how that might enhance ecological monitoring. The bait used for trapping was not usual Māori bait. Tangata whenua believed there would be a more accurate picture of life in Waiāri if Māori traditions were to be employed for monitoring the Waiāri.

· Members requested a regular report on works included and scope of the Waiāri Water Supply Scheme. Concern raised around implementation and completion of expected works and the expectation on cultural aspects to be completed on specific dates.

· Concern raised whether the report was comprehensive enough and explained in full the work that was being done.

· Waiāri life force and Mauri was part of the appeal to the Environment Court.

Committee Resolution WA1/22/3

Moved: Mayor Garry Webber

Seconded: Mr Jo'el Komene

That the Waiāri Kaitiaki Advisory Group:

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

Carried

9.2 Water Planning Update

Staff Claudia Hellberg, Team Leader: City Waters Strategy & Planning

Key points

· Recognised that Council needed to do better to understand the involvement between water and the environment.

· There was development of a Fresh Water Management tool to model and analyse normal stream flow and connection between stream flow and ground water. Tauranga City Council was working with Western Bay of Plenty District Council and Bay of Plenty Regional Council to better understand the system throughout the region. The first step was data collection.

· The importance of a holistic view and the connection from mountains to the sea was emphasised.

· Included the Waiāri Catchment as of specific interest for Tauranga City Council.

· Anticipated to build the model and complete data collection by end of 2023.

· Engagement with Tangata Whenua for desired cultural outcomes was vital. There was value in having a certain stream flow and a certain clarity; this should be built into the model.

· The model was in the early stages of development. TCC was seeking feedback on the model with certain scenarios added to the model to be meaningful and significant to the different partners involved.

In response to questions

· The Fresh Water Management tool would reflect different values associated with water. The set-up of this tool would inform and provide clarification to all.

· A Tapuika Iwi Authority representative met with TCC Chief Executive Marty Grenfell, and discussed the current pressure on infrastructure and water supply within the Tauranga City area.

· Concern raised on understanding total draw from aquifers and the effect of storm water and waste water on stream flow.

· The water source that fed Waiāri also fed other streams. It was a matter of understanding what the overall supply was.

· Tangata Whenua should be involved in the early stages of the tool development conversation. The key next step for Tauranga City Council was to identify an engagement strategy with Tangata Whenua. It was identified that there were a lot of iwi/hapu across Bay of Plenty to engage with.

· Bay of Plenty Regional Council had Te Hononga engagement tool and were seeking to engage with hapu across Bay of Plenty and to understand how and when iwi and hapu would like to be involved. 2023 was predicted to be a busy year for engagement to help understand those values.

· There was a balancing act with individual policies and different consultative bodies; a pathway should be identified to connect the different workstreams. Recognitin was needed for Waiāri mana whenua to be informed and consulted.

· Concern raised regarding water being over-allocated and over consented; giving away water that did not exist. This was a serious issue for the Waiāri Stream, with a declining rate of flow happening since August 2021 being of major concern for Tangata Whenua.

· There should be a mechanism from council to ensure over allocation did not happen, and robust discussion about allocation of surface and sub-surface water bodies.

· The integration of Three Waters management was discussed. Tauranga City Council and Western Bay of Plenty District Council worked to expand and bring wastewater and storm water together with a holistic view. A sub regional approach was needed for integrated water management.

· Discussion was needed on how secondary use of water was acceptable and appropriate e.g. rain water captured and used for watering gardens etc.

Discussion points raised

· The process could be quite complex. A map of how the 30-year Infrastructure Strategy and the water reforms connected was being developed. Staff were working to find a better way to demonstrate projects and simplify the complex system for engagement with the community.

Committee Resolution WA1/22/4

Moved: Commissioner Bill Wasley

Seconded: Mayor Garry Webber

That the Waiāri Kaitiaki Advisory Group:

(a) Receives this Water planning Update report.

Carried

9.3 Bay of Plenty Regional Council - Resource consenting and water allocation

External Reuben Fraser, Consents Manager

Key points

· Report taken as read.

· Concern raised for grey areas found in water consents. There seemed to be different issues between interested parties and affected parties.

In response to questions

· The majority of the water take consented was issued a long time ago. When consents were issued, there was no view of future pressures on water source. The focus for Bay of Plenty Regional Council was to work towards fixing the resulting over-allocation; it was noted there were no new consents available for this area.

· Te Mana o te Wai was put in place to look after the water bodies.

· More specific information was needed in terms of water allocation e.g. whether and how often the water take was being used. Allocations were generally not being realised, actual use of water tended to be 40% of what was allocated.

· Tangata Whenua members requested there be a review of consents and requested Bay of Plenty Regional Council seek a recommendation that Tangata Whenua were part of the decision making for consents.

· Tangata Whenua believed they needed to be at the forefront of projects.

· Review of consents was aimed at improving the performance of a consent holder.

· Worked to understand water and stream flows across Bay of Plenty region. Waterways were all interconnected. Everyone needed to understand what was going on at a sub-regional level.

Discussion points raised

· Tapuika iwi members struggled to keep up with water rates bill.

· Water bores were not consented. A better management tool with thorough information of where and what water was being used was needed.

· Bay of Plenty Regional Council did not capture information about ethnicity in water consents issued; knowledge of ethnicity was important to Tangata Whenua.

· Concern raised about Tautau and Waiorohi, Mangoreawa and Paraiti stream flow rates decreasing. Believed the water flow issue was a lot bigger than just Waiāri.

Committee Resolution WA1/22/5

Moved: Mayor Garry Webber

Seconded: Commissioner Bill Wasley

That the Waiāri Kaitiaki Advisory Group:

(a) Receives the Bay of Plenty Regional Council – resource consenting and water allocation report.

Carried

9.4 Joint Tangata Whenua Representative Report

Members Joel Komene, Tapuika Iwi Authority Representative

Mokoera Te Amo, Te Kapu o Waitaha Representative

Manu Pene, Te Rūnanga o Ngāti Whakauē ki Maketū Representative

Darlene Dinsdale, Mokopuna Tia me Hei Representative

Key points

· Report taken as read

In response to questions

· Correction was noted: report should read 1.1 cubic metres not litres.

Discussion points raised

· Scope of Waiāri Kaitiaki Advisory Group was to monitor the resource consents for the Waiāri Water Supply Scheme.

· Tauranga City Council had responded to the recommendations directly to tangata whenua.

Committee Recommendation

Moved: Mayor Garry Webber

Seconded: Deputy Mayor John Scrimgeour

That the Waiāri Kaitiaki Advisory Group:

(a) Receives the Joint Tangata Whenua Representative report.

CARRIED

9.5 Three Waters Western Bay of Plenty

External EJ Wentzel – Western Bay of Plenty District Council

Key points

· The report was a project update report from Western Bay of Plenty District Council and was taken as read.

In response to questions

· Tangata Whenua wanted information and an update report for Waiāri matters, not all projects of Western Bay of Plenty District Council.

Discussion points raised

· Iwi and hapu corrections to the report. Tia Marae - Ngati Marukukere, Ngati Kuri – Te Matai, Hei Marae - Waitaha.

Committee Resolution WA1/22/6

Moved: Commissioner Bill Wasley

Seconded: Deputy Mayor John Scrimgeour

That the Waiāri Kaitiaki Advisory Group:

(a) Receives the Three Waters Western Bay of Plenty report.

Carried

10 Discussion of late items

Considered as part of business at Item 9.5

11 Closing Karakia

Mr Anthony Wihapi closed the meeting with a karakia.

The meeting closed at 11:10am

The minutes of this meeting were confirmed as a true and correct record at the Waiāri Kaitiaki Advisory Group meeting held on 18 May 2022.

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

CHAIRPERSON

Waiāri Kaitiaki Advisory Group Meeting Agenda

18 May 2022

10 Business

10.1 Project Update

File Number: A13414870

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 Waiāri Water Supply Scheme: Project Update report.

(b) Endorses the Water Supply Road Map Report.

WAIĀRI STREAM FLOW DATA

2. The Waiāri stream flows, as provided by NIWA, are shown in the graph below for the period January 2001 to April 2022. The maximum flows have been omitted from the graph to allow better definition of the monthly average and minimum flows.

3. In accordance with the Waiāri resource consent, Tapuika Iwi Authority was notified when flows reached the 2,800 litres per second notification level on the 19 August 2021. On average the flows have remained below this level since August 2021.

Background

4. 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 9 months until completion. The resource consent for the water take is shared between Tauranga City Council (75%) and WBOPDC (25%).

5. The physical works to complete the scheme is being 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.

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

WATER SUPPLY REPORT

7. A road map report has been prepared to set out the anticipated next steps for this water supply initiative, see Attachment 1. The report describes the process to date and sets out the proposed next steps to undertake the technical work required to identify water supply options and establishes a timeline and budget for the next phase.

8. Timeline anticipated is 16 months and includes the activities shown below:

9. The budget estimate for the delivery of the road map is $150,000 - $250,000, a range is indicated as the degree of technical work required depends on the short-listed options that are carried into the scheme options assessment. We will work collaboratively with Tapuika, their marae representatives and WBOPDC to deliver the road map. We see Tapuika as being a partner and part of the project team rather than a stakeholder as we move the road map forward.

Cultural Recognition

10. While no progress has been made on this initiative since the last WKAG hui TCC are committed to working with tangata whenua to deliver a meaningful outcome. We will engage with the WKAG tangata whenua representatives to review the long list of options they have provided and focus on the priority items they indentify.

Community Enagement Updates

11. The communication and engagement team have been actively keeping the community and stakeholders informed of progress and planned works that may affect them.

12. Works on No 1 Road will take place in the near future to widen the road near the plant entrance, just past Trevelyans, to make entry and exit safer. This will require some traffic management and stop/go with only one lane open during the works.

13. Later in May there will also be several concrete pours at the plant site that will need to start in the early hours of the morning to enable the pour to be completed at once and for the concrete to set under cooler temperatures. These pours are to complete the slabs for the reservoir roof. The team are notifying residents in the area of the increased noise and concrete trucks on the road between Mount Maunganui and the site during the three planned extended pours.

CONSTRUCTION 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.

Intake and Pump Station contract

16. The pump station building structure is complete and works on the parking area and lower access road are underway. Pump station pipe work and the connection to the raw water rising mains has been completed. Mechanical and electrical fitout is underway.

17. Contouring is currently underway on the stream bank between the temporary bridge and the intake plant to enable planting to take place in this area. The slope is currently too steep for planting.

18. Construction of the intake and pump station is expected to be completed by July 2022

Water Treatment Plant contract

19. The majority of the structural works on the water treatment plant building have been completed. Mechanical, electrical and membrane installations are underway and are the primary focus of the team. The treated water reservoir is approximately 85% completed.

20. The global supply chain challenges are continuing to have a negative effect on the contractor’s ability to complete the works. The construction of the water treatment plant and reservoir is expected to be completed to a point that commissioning can commence by August 2022.

Commissioning and testing

21. Once the construction contracts are complete there will be a period of commissioning and testing before potable water can be delivered to the community. Commissioning is scheduled to commence in late September 2022, it is expected that potable water will be delivered to the community from December 2022.

Attachments

1. Connecting Private Supplies - Iwi Water Supply Roadmap Report - A13420748 ⇩


AGENDA Waiāri Kaitiaki Advisory Group Meeting Wednesday, 18 May 2022
I hereby give notice that a Waiāri Kaitiaki Advisory Group Meeting will be held on:
Date:	Wednesday, 18 May 2022
Time:	9.30am
Location:	Meeting Room 1 Ground Floor 306 Cameron Road Tauranga
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