Kaipara Moana Remediation

Joint Committee

Friday 9 October 2020 at 2:00pm

 

 

AGENDA
RĀRANGI TAKE

 


Kaipara Moana Remediation Joint Committee

9 October 2020

 

Rārangi Take O Te Poari

(Kaipara Moana Remediation Joint Committee Agenda)

 

Meeting to be held in the Waihāua Marae, Arapaoa Road, RD1 Matakohe

on Friday 9 October 2020, commencing at 2:00pm

 

Recommendations contained in the agenda are NOT decisions of the meeting. Please refer to minutes for resolutions.

 

NGĀ MANA WHAKAHAERE

(MEMBERSHIP OF THE Kaipara Moana Remediation Joint Committee)

 

NRC Chair, Penny Smart

NRC Councillor, Joce Yeoman

NRC Councillor, Amy Macdonald

Auckland Council, Daniel Newman

Auckland Council, Greg Sayers

Local Board Chair, Phelan Pirrie

Te Uri o Hau, Malcolm Welsh

Te Uri o Hau, Willie Wright

Te Rūnanga o Ngāti Whātua, Virginia Warriner

Te Rūnanga o Ngāti Whātua, Tame Te Rangi

Ngā Maunga Whakahī o Kaipara, Cherie Povey

Ngā Maunga Whakahī o Kaipara, Jane Sherard

 

Note: As there will be no elected chair at the beginning of the joint committee meeting until Item 4.1 (election of chair and deputy chair) has been decided on, the Chief Executive of Northland Regional Council will chair the meeting until a Chair is elected.”

 

Item                                                                                                                                                                                   Page

1.0       Health and safety

2.0       NGĀ WHAKAPAHĀ (apologies)   

3.0       NGA WHAKAPUAKANGA (declarations of conflicts of interest)

4.0       Ngā Rīmiti (Items)

4.1       Election of Chair and Deputy Chair                                                                                                       3

4.2       Overview of Kaipara Moana Remediation Programme                                                                 5

4.3       Operational Processes of the Kaipara Moana Remediation Joint Committee                      6

4.4       Kaipara Moana Remediation Programme Annual Work Plan – Proposed Approach to Work-streams                                                                                                                                                                         15   

   


Kaipara Moana Remediation Joint Committee                                                                                                          item: 4.1

9 October 2020

 

TITLE:

Election of Chair and Deputy Chair

ID:

A1369977

From:

Penny Pirrit, Consultant

Authorised by Group Manager:

Jonathan Gibbard, Group Manager - Environmental Services, on date 01 October 2020

 

He Rāpopoto Hautū / Executive summary

The purpose of this report is to appoint the Chair and Deputy Chair of the Kaipara Moana Remediation Joint Committee.

 

The Kaipara Moana Remediation Programme Memorandum of Understanding (the MoU) between the Crown and Kaipara Uri (Ngā Maunga Whakahī o Kaipara, Te Roroa, Te Rūnanga o Ngāti Whātua, Te Uri o Hau), Northland Regional Council and Auckland Council requires the joint committee to appoint a Chair and Deputy Chair.

 

Recommendation(s)

1.         That the report ‘Election of Chair and Deputy Chair’ by Penny Pirrit, Consultant and dated 1 October 2020, be received.

2.         That ……….. be appointed as Chair of the Kaipara Moana Remediation Joint Committee.

3.         That …………be appointed as Deputy Chair of the Kaipara Moana Remediation Joint Committee.

 

Tātari me ngā tohu / Analysis and advice

1.         Memorandum of Understanding Requirements

Section 6 of the MoU sets out the role and functions of the joint committee.  Subsection 6.5 requires the joint committee to appoint by majority decision:

(a)      a Chair, from one (1) of the representatives appointed by Kaipara Uri; and

(b)      a Deputy Chair, from one (1) of the representatives appointed by either Northland Regional Council or Auckland Council.

The appointment of these roles, at the inaugural meeting of the joint committee, will provide appropriate leadership of the joint committee and support the delivery of its functions.

2.         Aromātai whāinga haumi mō te oranga /Wellbeing Objectives Assessment

A key role of the Chair and Deputy Chair will be to ensure that all activities undertaken by the joint committee maximise as far as possible achievement of the investment objectives set out in Section 5 of the MoU.

3.         Ngā ritenga take pūtea /Financial implications

The renumeration of the Chair will be a matter outlined in a Members Allowance Policy to be approved by the committee. This policy is discussed in a later item on this agenda.

Attachments/Ngā tapirihanga

Nil


Kaipara Moana Remediation Joint Committee                                                                                                          item: 4.2

9 October 2020

 

TITLE:

Overview of Kaipara Moana Remediation Programme

From:

Penny Pirrit, Consultant

Authorised by Group Manager:

Jonathan Gibbard, Group Manager - Environmental Services, on date 02 October 2020

 

This paper acts as a placeholder for a presentation from Joint Committee member Willie Wright on the journey to establish the Kaipara Moana Remediation Programme and the purpose and aspirations of the programme and member parties.

 

Ngā tūtohu / Recommendation(s)

1.    That the overview of Kaipara Moana Remediation Programme presentation be received.

 

 


Kaipara Moana Remediation Joint Committee                                                                                                          item: 4.3

9 October 2020

 

TITLE:

Operational Processes of the Kaipara Moana Remediation Joint Committee

ID:

A1369969

From:

Penny Pirrit, Consultant

Authorised by Group Manager:

Jonathan Gibbard, Group Manager - Environmental Services, on date 01 October 2020

 

He rāpopoto hautū / Executive summary

The Kaipara Moana Remediation Programme Memorandum of Understanding (the MoU) between the Crown, Kaipara Uri ( Ngā Maunga Whakahī o Kaipara, Te Roroa, Te Rūranga o Ngāti Whātua, Te Uri o Hau), Northland Regional Council and Auckland Council establishes a joint committee whose role is to provide stewardship and governance and actively work towards achieving the purpose of the MoU.

The MoU outlines that the joint committee will operate in accordance with the Local Government Act 2002, relevant Post Settlement Governance Entity legislation and the terms of reference agreed between the member parties. The terms of reference are attached as an appendix to the MoU, and for ease of reference, to this report (Attachment 1). The MoU also indicates that ‘otherwise the joint committee will be entitled to formulate and put in place its own rules and procedures’.

The terms of reference set out many of the matters required to ensure appropriate processes and conduct of the committee.

However, there are some matters of detail including the frequency of meetings in the early months of the remediation programme, location of meetings, forward work programme, and servicing of the committee that the committee needs to give direction on.

 

Recommendation(s)

1.         That the report ‘Operational Processes of the Kaipara Moana Remediation Joint Committee’ by Penny Pirrit, Consultant and dated 1 October 2020, be received.

2.         That the joint committee meet monthly until April 2021 (excluding the month of January) at which time it will review the frequency of meetings.

3.         That the joint committee confirm the initial schedule of meeting dates as:

·        October – 30th October all day

·        November – 16th November all day

·        December –4th December morning

4.         That the location of the monthly meetings be rotated around the Kaipara Moana catchment, and where practicable be held on marae.

5.         That the forward joint committee work programme outlined in this report be approved and reviewed quarterly by the committee.

6.         That in the interim, before a communications and engagement strategy is approved, the Chair and Deputy Chair be delegated to be media spokespeople for the work of this joint committee.

7.         That a team of senior advisors, one from each of the councils and Kaipara Uri be set up to provide support and advice to the Chair and Deputy Chair on matters relating to the operation of the joint committee, including approving the content of papers for committee agendas.

8.         That a paper on a proposed members allowance policy be brought to the joint committee’s 30th October meeting.

 

Horopaki / Context

The Kaipara Moana Remediation Programme Memorandum of Understanding (the MoU) between the Crown, Kaipara Uri ( Ngā Maunga Whakahī  o Kaipara, Te Roroa, Te Rūranga o Ngāti Whātua, Te Uri o Hau), Northland Regional Council and Auckland Council establishes a joint committee whose role is to provide stewardship and governance and actively work towards achieving the purpose of the MoU.

The MoU outlines that the joint committee will operate in accordance with the Local Government Act 2002, relevant Post Settlement Governance Entity legislation and the terms of reference agreed between the member parties. The terms of reference are attached as an appendix to the MoU, and for ease of reference to this report (Attachment 1). The MoU also indicates that ‘otherwise the joint committee will be entitled to formulate and put in place its own rules and procedures.

 

The terms of reference for the joint committee includes:

·        The purpose and responsibilities of the joint committee

·        Powers (delegations)

·        Frequency of meetings

·        Membership

·        Quorum numbers

·        Voting rights

·        Support and attendance

As Northland Regional Council is providing the administrative assistance that generates the agendas and minutes, it is that council’s standing orders that apply. Those standing orders have been developed to guide all committee processes at Northland Regional Council, as required by the Local Government Act, and are extensive.  Not all aspects of the standing orders would apply to the joint committee and some processes may need to be refined over time to apply more appropriately to the joint committee.

 

Tātari me ngā tūtohu / Analysis and advice

1.         Matters to determine

There are matters that need refinement and direction from the joint committee to ensure that the committee processes are effective and appropriate to its mandate.

Meetings of the Joint Committee

Frequency of meetings

The MoU indicates that the joint committee should meet at least quarterly. The importance of providing direction and agreeing on a work programme, to utilise the Crown’s $12 million grant for the first year of the Kaipara Moana Remediation Programme, is such that it is recommended the joint committee meet again at the end of October and then monthly until at least April 2021 (with no meeting in January 2021).

Location of meetings

There is an opportunity for the members of the joint committee to enhance their knowledge of the Kaipara Moana and its wider catchment by having committee meetings at different venues within the catchment. Marae provide logical options for doing this.  This also provides an opportunity for tangata whenua and the broader community to attend committee meetings and listen and learn about the kaupapa.

It is recommended that each meeting of the joint committee be held at a different marae.  Certain logistical aspects will need to be considered when identifying which marae including availability of wifi and size of any meeting room.

Potential dates for joint committee meeting until December 2020

It is proposed that the following initial dates be approved as formal meeting dates.

October -30th October all day

November – 16th November all day

December –4th December morning

Workshops

From time to time workshops of the joint committee may be required to discuss and get guidance on complex matters before a paper goes to the formal public joint committee meeting.  It is recommended that the subject of a workshop is to be approved by the Chair and Deputy Chair unless it has already been signalled in the forward work programme. Workshops will generally be scheduled in the morning before the formal joint committee meeting to reduce the need for additional meeting dates.

Forward Work Programme

It is useful for the joint committee to adopt a forward work programme to give clarity on the priority matters that it needs to receive advice and makes decisions on. A forward programme also provides an indication to advisors on when and what information and advice needs to be provided to the committee.

The table below indicates what that forward programme may look like for the time period up to the end of 2020.  Direction is required on what items need to be amended and on what other matters should be included. Regular updates to the work programme will be reported on a quarterly basis.

 

Month of Meeting

Agenda Item

Workshop Matter

October

Year one work programme

Members allowance policy

Establishment Team Roles

 

Communications and Engagement Strategy

Year one work programme briefing

Deed of Funding briefing 

November

Communications and engagement strategy

Deed of funding recommendations

Options for structure of remediation operations entity

 

December

Options for structure of remediation operations entity

Progress on projects

Progress on engagement with stakeholders

 

 

Communication protocols

In the future, a communications and engagement plan will be developed with the joint committee for the Kaipara Moana Remediation Programme. In the interim, it is recommended that the Chair and Deputy Chair be delegated the responsibility to

·        approve any proactive communications (e.g. any media statements or releases on the work of the joint committee). This delegation would not preclude any member of the joint committee from using those media statements or releases in communications to their organisation or community if those statements are not altered and are attributed to the Chair and/or Deputy Chair.

·        be spokespeople on behalf of the joint committee for reactive communications (e.g. approaches by media for comment about the project)

 

Servicing the joint committee

The committee will require the services of a small group of advisors to administer the meeting process and provide papers on the work programme.

 

It is proposed that a team of senior advisors be set up with representatives from each of the councils and Kaipara Uri to:

a)    work with Chair and Deputy Chair on what papers are to be prepared for joint committee meetings

b)    oversee development of papers by staff/advisors/ consultants and together approve final papers to go on agenda

c)    be the conduit of advice to the Chair, Deputy Chair and the joint committee

The senior advisors will be supported by a small team of people who will provide technical and administrative advice on various matters. There are currently several people from the councils and Kaipara Uri who are providing advice on an ‘in kind basis’.  As the work programme is progressed and finalised, formalisation of this advice and input will either:

·        be formalised as an ‘in kind’ contribution by Auckland Council and Northland Council, as part of their financial contribution to the programme; and/or

·        be formalised by way of paid contribution through secondments of staff from anyone of the partner entities (NRC, AC and Kaipara Uri); and/or

·        be formalised by paying for consultants/contractors.

Aspects of the advice required will over time sit within the remediation delivery entity itself so several of the roles required in this establishment phase will only be for the period up until the entity is operating.

 

A paper on the Establishment Team roles, including Year 1 Project lead roles, will be provided at the 30th October committee meeting. In addition, a budget request to cover the above technical and administrative resource will be included in a paper, at the same committee meeting, on projects/processes requiring funding in the first year.

 

Approval of papers for the agenda

In order to ensure that the joint committee time together is used as effectively as possible agreement is sought on the process by which papers are put on an agenda. It is recommended that papers that go to the joint committee must:

d)    be identified as required by the joint committee’s forward work programme; or

e)    be directed by a resolution of the joint committee; or

f)     be a paper on a matter that the Chair and Deputy Chair agree is a matter related to the purpose and responsibilities of the joint committee.

Renumeration of joint committee members who are not elected local government representatives.

It is recognised that attendance at any meetings, workshops and hui of the joint committee will incur expenses to members of the committee. Local government representatives on the committee are covered through the renumeration package paid to them. However, the Kaipara Uri representatives are not in a similar position.

 

There is no indication in the MoU, Terms of Reference or the Northland Regional Council’s Standing Orders on how to approach this issue of payment for meeting and travel expenses. However, there are examples of other iwi/local government entities (e.g Te Oneroa-a-Tōhē Board, Ngāti Whātua Orakei Reserves Board, Tāmaki  Makaurau Maunga Authority) which have their own member’s allowance policy which may be useful when considering this matter. In addition, the Crown has a Cabinet Fees Framework which provides a structured approach to considering the level of fees that should be paid to different entities.

 

It is recommended that a paper outlining a proposed members allowance policy be brought to the joint committee’s 30th October meeting for consideration.

2.         Aromātai whāinga haumi mō te oranga / Wellbeing Investment Objectives Assessment

The operational matters discussed in this report do not have a direct impact on achieving the investment objectives of the Kaipara Moana Remediation Programme. However, agreed processes that allow the efficient and effective operation of the joint committee are essential to enable it to deliver on its obligations regarding the investment objectives.

3.         Ngā ritenga take pūtea / Financial implications

The cost of providing administrative support to the joint committee by the Northland Regional Council will be part of that council’s in-kind financial support of the programme. Other costs relating to roles within the Establishment Team will be reported to the 30th October meeting.

 

 

Attachments/Ngā tapirihanga

Attachment 1: Kaipara Moana Joint Committee - Terms of Reference - 28 July 2020   


Kaipara Moana Remediation Joint Committee  ITEM: 4.3

9 October 2020Attachment 1

Kaipara Moana Remediation Joint Committee

 

Terms of Reference

 

Background

 

The Kaipara Harbour (Kaipara Moana) is New Zealand’s largest harbour and is suffering from decreased and degraded water quality issues.  In July 2020 the New Zealand government confirmed funds would be allocated to address freshwater management matters, particularly sediment runoff, with the aim of achieving environmental and associated outcomes for Kaipara Moana and its catchment. 

 

The Kaipara Moana Remediation Joint Committee is set up as a joint committee by the Governing Body of Auckland Council and the Northland Regional Council, and Kaipara Uri, to coordinate decisions relating to funding allocated to provide environmental and associated outcomes for Kaipara Moana.

 

The key principles by which the Joint Committee must conduct itself are set out in the Memorandum of Understanding dated xx 2020.

 

‘Kaipara Uri’ is the term taken by Ngā Maunga Whakahī o Kaipara, Te Roroa, Te Uri o Hau Settlement Trust, Ngāti Whātua Ōrākei and Te Rūnanga o Ngāti Whātua, when engaging collectively on matters relating to Kaipara Moana and its catchment.  Together with Auckland Council and the Northland Regional Council, these are the member parties to the Joint Committee.

 

Purpose and Responsibilities

 

The purpose of the Joint Committee is to carry out the decision-making responsibility in relation to the allocation of funds for the Kaipara Moana Remediation programme, including funding from the Crown and councils, and contributions (e.g. from landowners or others) needed to access funding from Crown and councils for remediation works.  This includes (but is not necessarily limited) to:

 

(a)        providing stewardship and governance over the expenditure of the Crown Grant and council funding, as well as contributions from land-owners;

(b)        commissioning and approving remediation budgets and work-plans for the Kaipara Moana Remediation programme;

(c)        assisting councils and Kaipara Uri in any consideration of funding arrangements with the Crown and other parties as may be required;

(d)        formulating and recommending to councils and Kaipara Uri the preferred Kaipara Moana Remediation operations vehicle to undertake operational works as directed by an approved long-term annual remediation budget and work-plan;

(e)        guiding the work of councils and Kaipara Uri on any monitoring and reporting obligations; 

(f)        assisting councils and Kaipara Uri in its review and consideration of the Funding Agreement; and

(g)        assisting and supporting signatory entities to the Funding Agreement with any audit and reporting obligations required in respect of the Crown Grant and council contributions.

 

For the avoidance of doubt the Joint Committee:

 

(i)         is not authorised to exercise any regulatory or enforcement function of either council under the Local Government Act 2002, the Resource Management Act 1991, or any other Act;

 

(ii)        must not act contrary to the current long-term plan or annual plan of either council, or any NPS or other document binding on or adopted by either Council under the Local Government Act 2002, the Resource Management Act 1991, or other Act; and

 

(iii)       is not authorised to commit funds or resources of either council beyond the funding and resources already agreed to by them.

 

Powers (Delegations)

 

The Joint Committee has all powers of the Governing Body of the Auckland Council and the Northland Regional Council necessary to perform the Joint Committee’s responsibilities.

 

Except the powers that neither Auckland Council nor the Northland Regional Council can lawfully delegate, including those under schedule 7, clause 32(1) of the Local Government Act 2002, being the power to:

 

(a)     make a rate; or

(b)     make a bylaw; or

(c)        borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

(d)     adopt a long-term plan, annual plan, or annual report; or

(e)     appoint a chief executive; or

(f)        adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement; or

(g)     adopt a remuneration and employment policy.

 

Frequency of meetings: Quarterly or as determined by the Joint Committee.

 

Membership:  The membership of the Joint Committee will be as follows:

 

(a)     six (6) appointed by Kaipara Uri entities;

(b)        three (3) elected members appointed by Auckland Council; and

(c)        three (3) elected members appointed by Northland Regional Council.

 

The members of the Joint Committee shall appoint, by majority decision of the members:

 

(a)       A Chair (from one (1) of the representatives appointed by Kaipara Uri entities); and

(b)       A Deputy Chair (from one (1) of the representatives appointed by either Auckland Council or Northland Regional Council).

 

Members can be reappointed.

 

Resignation is by written notice to the relevant appointer. As a matter of courtesy, each appointer will then inform the Joint Committee of discharges, resignations and reappointments. 

 

Ex officio: Whereas the Mayor of Auckland is a member of all committees by virtue of section 9(6) of the Local Government (Auckland Council) Act 2009, the Mayor has agreed not to exercise this right of membership.

 

Joint Committee discharged on establishment of new entity 

 

This Joint Committee is deemed to be discharged on the establishment of a future Kaipara Moana Body, anticipated to be created by statute with representation from Kaipara Uri, Auckland Council, Northland Regional Council, Kaipara District Council and Whangarei District Council.

 

Joint Committee not discharged at triennial elections

 

Pursuant to the Local Government Act 2002, schedule 7, clause 30(7) the councils have resolved that this Joint Committee is not discharged at the triennial elections (if not already discharged due to the establishment of a future Kaipara Moana Body).  However, on coming into office following an election, a council may choose to review its appointments to the Joint Committee.

 

Quorum:  The quorum for a meeting of a Joint Committee is:

(a)       half of the members if the number of members of the Joint Committee (including vacancies) are even

(b)       a majority if the number of members of the Joint Committee (including vacancies) are odd

 

and provided that at least one (1) Joint Committee member is present from each of Auckland Council and Northland Regional Council, and two (2) members from the Kaipara Uri.

 

Voting rights: Decisions will be made by majority. However, the Joint Committee will seek to operate on the principle of consensus decision-making.  When decisions are required and put to a vote, the chair or other person presiding at a meeting:

 

(a) has a deliberative vote; and

(b) does not have a casting vote (and therefore in the case of an equality of votes, the act or question is defeated and the status quo is preserved).

 

Support and attendance: The Joint Committee shall be entitled to invite guests or experts to attend any meeting and, at the request of the Joint Committee, participate in discussions on, and assist the Joint Committee in its considerations.

 

Any Chair or other member of any of the governing bodies of Kaipara Uri, and any member of the Auckland Council and the Northland Regional Council or of a committee of the Auckland Council and the Northland Regional Council, has, unless lawfully excluded, the right to attend any meeting of the Joint Committee.

 

Every meeting of the Joint Committee is open to the public, except as otherwise provided by Part 7 of the Local Government Official Information and Meetings Act 1987.

 

Senior staff of member entities may attend Joint Committee meetings to provide administrative and other associated support to the appointed members.

 

Review of these Terms of Reference: These terms of reference are to be reviewed at least annually by the Joint Committee.  The Terms of Reference may be amended by agreement between the Joint Committee members subject to any other necessary approvals from the member parties.

 

Standing orders: The Joint Committee will refer to and apply the standing orders of the Council members providing administrative assistance to the Joint Committee.  In the event of any inconsistencies between the standing orders and these terms of reference, the terms of reference will prevail.

 

 


Kaipara Moana Remediation Joint Committee                                                                                                          item: 4.4

9 October 2020

 

TITLE:

Kaipara Moana Remediation Programme Annual Work Plan – Proposed Approach to Work-streams

ID:

A1369181

From:

Penny Pirrit, Consultant

Authorised by Group Manager:

Jonathan Gibbard, Group Manager - Environmental Services, on date 01 October 2020

 

He Rāpopoto hautū / Executive summary

Report prepared by John Hutton, Auckland Council

An Annual Work Plan is required for the Kaipara Moana Remediation programme, which sets out objectives, activities and funding for projects for Year 1 (FY2020-2021).

The Annual Work Plan must be designed to meet the programme’s investment objectives.  For the programme’s establishment phase, comprising Year 1 and Year 2, it is recommended a dual focus is taken to:

·    Achieve early wins for environmental remediation on the ground with associated job creation outcomes

·    Establish systems and processes to ensure the successful delivery of the Kaipara Moana Remediation programme over its envisaged 10 year life-span.

Through the life of the programme it is anticipated most of the budget will be spent undertaking remediation works on farms, as identified and prioritised through farm environment plans.  Such works include fencing, riparian planting, stabilisation of highly erodible land, wetland restoration, and engineered interventions to reduce stream-bank erosion and slow water flow.  The balance of the budget will be required to manage, support and administer the programme.

Council staff and Kaipara Uri representatives on the Kaipara Moana Negotiations Reference Group have identified six key work-streams required to progress the programme:

·    Governance, Management & Administration

·    Engagement & Communications

·    Capability & Workforce

·    Mātauranga Māori / Science & Monitoring

·    Digital Systems & Tools

·    Remediation Implementation.

The work-streams are inter-related.  Projects have been identified within each work-stream and details on them will be provided to this committee at the workshop and meeting proposed for 30 October 2020.

 

 

Ngā tūtohu / Recommendation(s)

1.                     1. That the report “Kaipara Moana Remediation Annual Work Plan- Proposed Approach to Work-streams” by John Hutton, Manager Auckland Council dated 28th September be received.

Horopaki / Context

To release Jobs for Nature Government funding for the Kaipara Moana Remediation Programme, an Annual Work Plan is required for the Kaipara Moana Remediation programme, which sets out objectives, activities and funding for projects for the 2020-2021 financial year.

This report provides the Joint Committee a proposed approach to the Annual Work Plan, identifying six key work-streams.

Details of projects and budget ranges for each work-stream for the Annual Work Plan will be provided for the second meeting of this committee, proposed for 30 October 2020.  The Annual Work Plan will be attached to the Deed of Funding to be entered into with the Crown.

Tātari me ngā tūtohu / Analysis and advice

Dual focus for Year 1 Work Plan

It is recommended the Work Plan proposed for Year 1 of the remediation programme is structured around two main objectives:

i.      Achieve early wins for environmental remediation on the ground with associated job creation outcomes

ii.     Establish systems and processes to ensure the successful delivery of the Kaipara Moana Remediation programme over its envisaged 10 year life-span.

It is anticipated systems and processes for the programme will take 12-18 months to fully develop, for example digital tools, and to bed-in engagement and communications processes.

Achieving operational outcomes in Year 1 by delivering remediation works will likely require a pragmatic and adaptive approach.  Opportunities to do this exist by partnering with existing community groups and industry organisations, as well as making use of operational approaches taken by councils.

Ratio of funding between remediation actions and programme support

Over the life of the programme the lion’s share of the budget is anticipated to be spent undertaking remediation works identified and prioritised through farm environment plans: fencing, riparian planting, stabilisation of highly erodible land, wetland restoration, engineered interventions to reduce stream-bank erosion, and so on.

These works will have the most significant impact on water quality and environmental remediation outcomes for Kaipara Moana by reducing the amount of sediment entering our waterways.

The Kaipara Moana Remediation Business Case estimated around 10% of programme budget would be required for operating costs.

However, as the programme moves through its establishment phase in Years 1 and 2, a greater proportion of overall budget is anticipated to be required to establish systems and processes than for later years.  This should be considered an upfront investment to support the effectiveness of the programme through its lifetime.

As the programme proceeds the committee will need to ensure the Crown contribution is matched by funding from other sources.  For the first six years of the programme, where Crown funding is presently available, this means an additional $100 million will need to be secured from ratepayers (through councils) and landowners, and potentially sector groups and other partnerships.  This will be particularly important when considering the ratio of expenditure between remediation actions and programme support.

 

 

Investment Objectives

The Annual Work Plan needs to meet the investment objectives of the Kaipara Moana Remediation programme.  These objectives were identified in the Kaipara Moana Remediation Business Case, and are refined in the Memorandum of Understanding (the MOU) between the Crown, Kaipara Uri entities (Ngā Maunga Whakahī o Kaipara, Te Roroa, Te Rūnanga o Ngāti Whātua, Te Uri o Hau), and the Northland Regional Council and Auckland Council.  The Kaipara Moana Remediation investment objectives are:

(a)       Tiaki taiao (Natural Capital): Primary objective is to restore mauri to Kaipara Moana and enable it to be healthy, self-sustaining and naturally productive through:

(i)       material reduction in erosion from land and streams, including a reduction of associated contaminants;

(ii)       improvement in water quality and biodiversity of streams/waterways; and

(iii)      reduction in sediment in Kaipara Moana to below ecological effects threshold.

(b)      Ōhanga (Physical & Financial Capital): Create sustainable, resilient and optimised primary production in the Kaipara catchment and harbour through:

(i)       improved land management guided by improved advice and evidence; and

(ii)       recognising intergenerational equity and support a just transition to better environment outcomes;

(c)       Manaaki Tangata (Human Capital): Improve Kaipara Uri and local skills and capability to support innovation, effective land management, and community resilience through:

(i)       material lift of capability and capacity to address environmental challenges;

(ii)       providing exemplar benefits to other catchments and nationally; and

(iii)      developing and utilising local skills and local enterprise to lead to sustainable outcomes; and

(d)      Tātai Hononga (Social Capital): Enable kotahitanga by empowering Kaipara Uri and local community participation, including hapū and marae, in local solutions, leveraging opportunities through:

(i)       mobilising local participation and delivery;

(ii)       line of sight between local initiatives and governance - so that local activities are aligned with wider needs; and

(iii)      customary practice is prioritised with focus on taonga species and mātauranga Māori perspectives.

Year 1 budget parameters

The Crown has confirmed a funding contribution of $12 million for the 2020-2021 financial year.  Councils have confirmed contributions are available of up to $1.5 million.

With the remediation programme commencing in the second quarter of the 2020-2021 financial year, and potential delays from Covid-19 restrictions, challenges will likely arise for the programme to manage a full expenditure of these monies.  The seasonality of farming systems will potentially impact on the implementation of remediation works.  Managing integration with new regulations signalled by the Ministry for the Environment will also be important.

 

Key work-streams

Council staff and Kaipara Uri representatives on the Kaipara Moana Negotiations Reference Group have identified six key work-streams required to progress the Kaipara Moana Remediation programme.

These work-streams are inter-related and look to meet the programme’s investment objectives and provide key functions and activities identified in the Kaipara Moana Remediation Indicative Business Case.

Guidance is sought from the joint committee that these work-streams are appropriate to underpin the Annual Work Plan.

Projects have been identified within each work-stream and details on them will be provided to this committee at the workshop and meeting proposed for 30 October 2020.

The focus of each work-stream is described below.

1.            Governance, Management & Administration

The Kaipara Moana Remediation programme looks for remediation work to be undertaken at a pace and scale that has not previously been delivered in New Zealand.  This puts a significant onus on the establishment of effective programme governance, management and administration.

Project governance and stewardship will be provided through this joint committee.  The joint committee will need support in the normal way by governance, policy, and technical advice.

It is anticipated a ‘Kaipara Moana Remediation Entity’ will need to be established as the operational vehicle for the programme.  Advice will be provided to this committee on options for an operational entity.  Consideration is required on organisational effectiveness, cost, and balancing the benefit of remaining connected to existing council structures and systems, while standing alone as a distinct programme.

The preferred structure and form of a ‘Kaipara Moana Remediation Entity’ will largely determine how quickly it can be established.  It is anticipated an entity will not be constituted earlier than the first quarter of 2021.

Meaningful connections between Kaipara Uri entities and the remediation programme’s operational entity will also be required.  These could take shape through secondments, other staffing arrangements and dedicated advisory capability.  Budget for this can be identified in this work-stream.

Transitional management and administrative arrangements are presently being put in place to progress the remediation programme up to the establishment of a ‘Kaipara Moana Remediation Entity’ – what is termed the ‘Establishment Team’.

Areas of work required for the establishment phase of the programme are identified below.  A number of these areas will be required by any future ‘Kaipara Moana Remediation Entity’:

·    Programme management

·    Governance and technical advice supporting the KMR Joint Committee

·    Administrative support to the KMR Joint Committee and Establishment Team

·    Advice on strategy, prioritisation, and investment decision making

·    Project management

·    Commissioning, contracting and procurement of works and services with external providers

·    Financial accounting and accountability processes

2.            Engagement & Communications

The Kaipara Moana Remediation Programme requires an engagement and communications strategy that maximises opportunities to build widespread support, understanding and engagement by the thousands of land-owners, many iwi and hapū, and dozens of community and industry groups across the Kaipara Moana catchment.  A strategy should communicate the purpose, principles, themes and desired outcomes of the programme, while aligning projects to outcomes.

Doing this effectively should deepen the impact of the programme, promote a community of best practice, help shift behaviours to create sustainable approaches to soil and waterway management, and help form an enduring respect for the mauri of Kaipara Moana across the community.

An Engagement and Communications strategy has been identified as an ‘early commencement’ project, to start immediately.  Budget will also be required to implement the strategy and set up required communication tools for engagement – development of a website, use of social media, support for catchment and community groups, and other communication channels as required.

3.            Capability and Workforce

The Kaipara Moana Remediation Indicative Business Case identified three critical risks to the capability and capacity of the programme to deliver:

·    skilled and accredited farm advisors to design and audit farm plans (absolute shortage as well as increasing national demand);

·    sufficient mātauranga Māori specialists with an understanding of the taonga species and sites of significance in the Kaipara; and

·    access to sufficient trees and plants, fence poles, and skilled contractors to undertake mitigation works.

The ‘Capability and Workforce’ work-stream is proposed to focus on addressing and overcoming these risks.  The following Year 1 projects are anticipated:

·    workforce and nursery strategies, which provide clear understanding of operational and material requirements to implement remediation works, and to inform workforce development;

·    budget to support nurseries for seed collection and tree propagation, acknowledging this takes time and that nurseries need confidence to increase production; and

·    advisor accreditation and training, ideally through local tertiary providers.

Workforce and nursery strategies have been identified as an ‘early commencement’ project, to start immediately. 

Helping the workforce grow will require relationships with the Ministry for Economic Development, private providers, Kaipara Uri entities, industry bodies, and a range of community and Māori entities and organisations throughout the catchment.

4.            Mātauranga Māori / Science & Monitoring

The Kaipara Moana Remediation Indicative Business Case identified a need to develop:

·    a mātauranga framework for the Kaipara, including a Cultural Health Index for ongoing monitoring and reporting on mauri/mātauranga values;

·    sub-catchment implementation plans based on science and mātauranga principles; and

·    ongoing monitoring and reporting of water quality, ecological and mātauranga Māori outcomes for the moana and the catchment.

Specific research projects have been identified that will improve understanding of sediment yield and the best mitigations within the landscape, some of which can start immediately.  For example, stream-bank erosion in the Kaipara Moana catchment is responsible for nearly half of sediment loads discharged to the harbour – identifying the best native plants to stabilise streambanks, and where wetland and eroding land features can reduce land and instream erosion, is critical.

If undertaken and completed early, these projects will improve the effectiveness and efficiency of remediation approaches through the lifetime of the programme.

Ongoing monitoring and reporting also is essential for engagement and communication workstreams, as well to ensure the robustness of science or digital systems.  The ideal is to take an adaptive management approach to remediation works.

5.            Digital Systems and Tools

The pace and scale of work to be undertaken through the Kaipara Moana Remediation programme is unprecedented.  Completion of Farm Environment Plans, then timely implementation of works identified in them, is fundamental to the approach proposed.

Council staff are concerned existing grants systems administered by councils will quickly become burdensome and an impediment, both to the remediation programme, and to the many land-owners who can be supported through it.

This speaks to the need for the development of modern digital systems and tools for farm plans, which will:

·    inform design and prioritisation of remediation works

·    connect farmers with accredited advisors, auditors and on-farm contractors affiliated with the programme, thus supporting engagement and communication outcomes

·    support growth of local enterprise and workforce (e.g., in fencing, planting, maintenance, and broader farm services)

·    account for and demonstrate water quality outcomes, from sub-catchment to harbour scale

·    ensure compliance with national regulatory requirements (NES-FW), including auditing, advisor-led decision-making, accounting and reporting.

6.            Remediation Implementation

As noted, the lion’s share of budget in the Kaipara Moana Remediation programme is anticipated to be used to undertake practical remediation works on the land.  This includes fencing, riparian planting, wetland restoration, erodible land stabilisation, targeted afforestation of highly erodible areas, and potentially also direct interventions to reduce stream-bank erosion or construct devices such as detention bunds to trap sediment and slow water-flow.

Farm planning is a key mechanism to ensure remediation works are identified and prioritised for individual properties.  Farm plans have the advantage of being custom-built to the specific topographical, farm-system, catchment and environmental features of a property, and thus avoid a ‘one-size-fits-all’ approach.

How a Farm Environment Plan is developed, how priorities are established, and how work is undertaken can take a number of forms.  Both individual approaches and more collective or community-driven approaches are possible.

For the first 18 months of the programme, as key digital tools and systems are developed (and as workforce and nursery capacity increases), a pragmatic approach is likely required that draws on existing community groups, industry bodies, and existing grants systems developed by councils.  New grants to fund individual and collective projects are also possible.

The balance between grant contributions from the remediation programme, and land-owner contributions, will need to be agreed by this committee, with council funding factored in.  Different approaches can be considered and advice will be provided on this.

Funding criteria also need to be developed and agreed.

Once digital systems and tools are in place, and workforce capability increased, the programme can build on the relationships established with community and industry bodies, hapū and marae groups, as well as working directly with land-owners, and increase the overall pace and scale of remediation works.

It is also likely common good and larger scale sediment reduction interventions will be identified, for example wetland restoration or targeted afforestation which require arrangements and coordination with a number of land-owners, or a community-based approach to implement.

A number of remediation implementation projects have been identified which can start immediately, including through partnerships with existing community groups and industry bodies.

 

 

1.    Aromātai whāinga haumi mō te oranga / Wellbeing Investment objectives and assessment

This report provides a proposed approach to the Kaipara Moana Remediation Annual Work Plan to meet the programme’s investment objectives.

2.    Ngā ritenga take pūtea / Financial implications

No financial decisions are sought in this report, with further indicative budget ranges for key work-streams for the Kaipara Moana Remediation programme provided at the next committee meeting.

3.    Ngā tūraru me ngā mauru / Risks and mitigation

The six work-streams identified should provide clarity for programme planning and budget decision-making, and thereby mitigate the risk that projects are approved that that do not align well with the investment objectives of the Kaipara Moana Remediation programme.

 

4.    Ngā whāinga mō āmuri / Next steps

Further detail of proposed projects and budgets within each of the six work-streams will be provided at the meeting proposed for 30 October 2020. 

 

 

Attachments/Ngā tapirihanga

Nil