Agenda of Kaipara Moana Remediation Joint Committee

Kaipara Moana Remediation Joint Committee

25 June 2021

Kaipara Moana Remediation Joint Committee Agenda

Meeting to be held in the Te Whare Oranga o Parakai - 5 Rere Place, Parakai

on Friday 25 June 2021, commencing at 09:30am

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)

Te Rūnanga o Ngāti Whātua Tame Te Rangi	NRC Chair Penny Smart	NRC Councillor Amy Macdonald
Auckland Council Councillor Daniel Newman	Ngā Maunga Whakahī o Kaipara, Cherie Povey	Auckland Council, Rodney Local Board Chair Phelan Pirrie
Auckland Council Greg Sayers	Ngā Maunga Whakahī o Kaipara, Jane Sherard	Te Rūnanga o Ngāti Whātua Virginia Warriner
Te Uri o Hau Malcolm Welsh	Te Uri o Hau Willie Wright	NRC Councillor Joce Yeoman

KARAKIA / WHAKATAU

RĪMITI (ITEM) Page

1.0 Housekeeping

2.0 NGĀ WHAKAPAHĀ (apologies)

3.0 NGA WHAKAPUAKANGA (declarations of interest)

4.0 Whakāe Ngā Miniti (Confirmation of Minutes)

4.1 Confirmation of Minutes - Kaipara Moana Remediation Joint Committee - 17 May 2021 3

5.0 Ngā Rīmiti (Items)

5.1 Employment Strategy Update 8

5.2 Kaipara Moana Remediation Programme Joint Committee Meeting Schedule August to December 2021 16

5.3 Kaipara Maurikura Establishment Update 19

5.4 Year Two Workplan Update 37

Kaipara Moana Remediation Joint Committee item: 5.1

25 June 2021

TITLE:	Employment Strategy Update
ID:	A1437936
From:	Alan Wilcox, Kaipara Uri Management Representative
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 17 June 2021

He Rāpopoto hautū / Executive summary

The Kaipara Moana Remediation Programme Employment Strategy (Employment Strategy) aims to identify the workforce required to carry out the Kaipara Moana Remediation Programme (KMR programme), identify opportunities for employment, training and development, and define how the procurement of goods and services under the KMR programme can be done in a manner consistent with the investment objectives.

To achieve this, a team was engaged in researching the current conditions of the Kaipara catchment, discussing with six stakeholder groups their needs, aspirations, potential contributions and what their relationship with the KMR programme might look like. These groups were: Māori Community Partners, Community Engagement Partners, Businesses, Learning and Training Organisations, Employment Seekers and Funding providers.

The team found that there are many groups and organisations already engaged in planting and other work that is to be advanced by the KMR programme. These groups are well placed to support its implementation. The acceleration of the programme is likely to create many new employment opportunities – estimated at around 2,233 jobs over ten/six years.

To achieve this, the strategy suggests five pathways, built largely upon the feedback of stakeholders. These pathways include the Joint Committee and its administrators utilising a set of procurement principles to assess contracts; developing an employment hub to coordinate human resources; developing an iwi and community partnership scheme to utilise the large pool of community based initiatives in the programme; supporting a Kaipara Uri Environmental Services unit; and implementing a monitoring and evaluation process.

These pathways each play a unique role in ensuring that the implementation of the employment strategy, and KMR programme, is consistent with the investment objectives set out in the Kaipara Moana Remediation Memorandum of Understanding (MOU), especially to support Manaaki Tangata (Human Capital) and Tātai Hononga (Social Capital) outcomes.

The strategy sets these pathways out at a high-level to allow for the Joint Committee to exercise discretion. It is anticipated these will be further developed through an implementation plan and as the Year 2 Work Plan is operationalised under the proposed Kaipara Maurikura business unit.

Recommendation(s)

1. That the report ‘Employment Strategy Update’ by Alan Wilcox, Kaipara Uri Management Representative and dated 27 April 2021, be received.

2. That the Joint Committee receive the Kaipara Moana Employment Strategy.

3. That the Joint Committee adopt the following pathways, as recommended in the Kaipara Moana Employment Strategy, and that implementation plans be developed for each pathway and reported back to the Joint Committee:

a) Adopt the set of procurement principles outlined in Attachment One that ensure goods or services procured for the KMR programme are consistent with the Investment Objectives set out in the Kaipara Moana Remediation Memorandum of Understanding.

b) Develop an accreditation process built upon the procurement principles outlined in Attachment One and tailored to specific suppliers such as nurseries, fencing and planting contractors.

c) Co-design (with the government agencies responsible) and potential establishment of an employment hub to coordinate the various stakeholders involved, to ensure there are sufficient human resources to meet the needs of the programme in a timely manner, and to achieve positive employment outcomes for Kaipara Uri and the Kaipara community.

d) Develop and implement an Iwi and community partnership scheme to ensure community groups are able to participate in the KMR programme with the objective that non-productive or marginally-commercial land can access support and resources to carry out necessary mitigation activities.

e) Develop and implement a monitoring and evaluation process to capture progress on the achievement of KMR programme’s Human Capital and Social Capital objectives.

Horopaki / Context

The Kaipara Moana Remediation Programme Employment Strategy recommends an approach to be taken to ensure that the KMR programme develops an adequate and sustainable workforce. Due to its size, the Employment Strategy has been circulated as a separate document but forms part of this agenda.

Below is a summary of the Employment Strategies key findings:

· The Kaipara Moana catchment is heavily reliant upon primary industries, which forms a bulk of both the economy and employment in the area.

· While unemployment varies across districts within the catchment – Kaipara District, Whāngārei District and Rodney Local Board Area – from about 2.4% to 5.1%, this is consistently close to double for Māori.

· Due to the inequality within each of these districts, unemployment data also masks the heightened deprivation experienced by many communities, especially in smaller rural townships.

· The KMR programme has the potential to provide 2,233 new jobs over ten years, 856 of which are considered as ‘entry level’, i.e., requiring no prior experience or qualifications.

· There are many stakeholders active in the catchment, already engaged in work that is to be accelerated by the KMR programme.

· Stakeholders expressed an eagerness to participate, a desire to see the mauri of the Kaipara restored, and excitement at the amount of work able to be created by the KMR programme.

· Many of these stakeholders are prepared and qualified to begin contributing immediately, which will be useful for meeting the remediation work targets of the initial years of the programme.

· Certain groups however face disadvantages and require further support to maximise their participation.

As a way forward the Employment Strategy recommends the following pathways:

1. A set of procurement principles are implemented to help ensure goods or services delivered under the KMR programme are consistent with the investment objectives outlined in the MoU (refer Attachment One).

2. Based on the procurement principles, implement an accreditation process that requires potential suppliers to the KMR programme to meet certain standards, ensuring that the intended outcomes are achieved.

3. Support the establishment of a Crown led Employment Hub to coordinate the various social and financial support services active in the catchment, using the KMR programme as a platform due to the amount of work it can provide and its strong networks across communities, businesses, NGOs and government agencies (refer Attachment Two).

4. Implement a hapū and community partnership scheme that helps to ensure owners of non-commercial land are still able to access the resources they require to carry out the mitigation activities necessary for their land.

5. Support through the current contract negotiations, the establishment of a Kaipara Uri Environmental Unit, in response to the barriers shared by the Māori Community representatives in the stakeholder consultations. Recognising that many Maori individuals and entities have considerable responsibilities and workloads, with limited resources, one of the contracted functions of the Kaipara Uri Environmental Unit will be to assist Maori organisations to participate effectively in the KMR programme. Note that the Joint Committee has already resolved to support those current contract negotiations.

6. Implement a monitoring and evaluation scheme to ensure that the outputs of the Employment Strategy are fulfilling the investment objectives of the KMR programme, and that service delivery is able to be refined over time.

The Employment Strategy provides a good understanding of the current state of employment in the Kaipara Moana catchment, the existing workforce, the gaps that exist and how the KMR programme can fill these gaps. This has been summarised in six pathways that have been set out for the KMR Programme that the Joint Committee can consider. If these pathways are supported, it is recommended a detailed implementation plan is developed and operationalised as part of the Year 2 Work Plan run through the anticipated Kaipara Maurikura business unit.

Tātari me ngā tūtohu / Analysis and advice

Considerations

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

The Employment Strategy recommendations contribute to the Tiaki taiao (Natural Capital) and Ōhanga (Physical & Financial Capital) investment objectives of the KMR Programme by assisting to ensure there is an adequate work force to carry out the mitigation activities, in a manner that helps to ensure financial benefits remain within the catchment, and especially with those who have previously been disadvantaged. The Employment Strategy more centrally focuses on the Manaaki Tangata (Human Capital) and Tātai Hononga (Social Capital) investment objectives, contributing to these through identifying opportunities for the KMR programme to provide meaningful employment, and support (in concert with central government agencies), training and development opportunities to Kaipara Uri and local communities. The Strategy also recommends a procurement process and accreditation programme that seeks to help ensure financial, social and cultural benefits of the programme are experienced by Kaipara Uri and communities local to the Kaipara.

2. Ngā ritenga take pūtea / Financial implications

The Employment Strategy to date has come within an approved budget of $71,000. While the strategy is relatively conclusive, further development of implementation plans for the pathways is proposed in the forthcoming financial year. This is included in Maurikura staff cost.

3. Ngā tūraru me ngā mauru / Risks and mitigation

The decisions sought in this report are a key step to ensuring the potential employment and development opportunities provided by the KMR programme are realised. The recommendations are consistent with the MOU objectives and as such look to incorporate these objectives at all levels through the procurement principles and accreditation process.

Risks involved with the Strategy are detailed on page 87 of the Employment Strategy report, associated with the effective coordination of the various groups involved, adequate engagement with the Employment Strategy, continuity of the opportunities created and resourcing of the pathways. These risks can be mitigated through effective communication of the Strategy and its various dimensions to collaborators and consistent monitoring of outputs and adjustment of service delivery accordingly.

4. Ngāhiranga me ngāhononga /Significance and engagement

In relation to section 79 of the Local Government Act 2002, the decisions arising from this report are considered to be of low significance when assessed against Northland Regional Council’s significance and engagement policy. Because of the specific nature of the proposal from one Uri Group, broader consultation amongst many representatives of tangata whenua and/or individual communities is not possible. The joint committee is able to make these decisions without undertaking further consultation or engagement.^{^[1]}

5. Ngā whāinga mō āmuri / Next steps

As noted, the Employment Strategy has provided a good understanding of the current state of employment in the Kaipara Moana catchment, the existing workforce, the gaps that exist and how the KMR programme can fill these gaps. It has also set out the high-level pathways for the Joint Committee’s consideration. If these pathways are approved, it is proposed a dedicated implementation plan is developed for each of the pathways set out in the report.

Attachments/Ngā tapirihanga

Attachment 1: Procurement Principles ⇩

Attachment 2: Employment Hub Outline ⇩

Kaipara Moana Remediation Joint Committee item: 5.2

25 June 2021

TITLE:	Kaipara Moana Remediation Programme Joint Committee Meeting Schedule August to December 2021
ID:	A1447375
From:	Penny Pirrit, Northland Regional Council Management Representative
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 14 June 2021

He Rāpopoto hautū / Executive summary

At its meeting of the 17May 2021 the Joint Committee resolved to change its cycle of formal meetings to every two months with a workshop day scheduled for the month in between. It was also agreed that an option of an online meeting would be used if required before the formal meeting.

This report proposes a schedule of Joint Committee formal meeting and workshop dates for August to December 2021. The practice of holding the formal meetings on marae is to continue.

Ngā tūtohu / Recommendation(s)

1. That the report ‘Kaipara Moana Remediation Programme Joint Committee Meeting Schedule August to December 2021’ by Penny Pirrit, Northland Regional Council Management Representative and dated 25 May 2021, be received.

2. That the Joint Committee confirm the dates for formal meetings and workshops from August to December 2021 as set out in Table 1: Schedule of formal meetings and workshop August to December 2021 of this report.

Horopaki / Context

The adoption of a schedule of future meetings and workshops of the Joint Committee provides clarity to both members and other interested parties when the meetings will be held. It also allows proper planning of venues and agenda items.

Tātari me ngā tūtohu / Analysis and advice

A schedule of Joint Committee meeting and workshop dates is required for August to December 2021. At the inaugural meeting of the Joint Committee it was resolved that the formal meetings would be held monthly until April 2021, at which time a decision would be made by the Joint Committee on whether the meetings should occur less frequently. The Joint Committee also resolved that formal meetings should be generally held on marae within the Kaipara Moana catchment.

At its 17 May meeting the Joint Committee resolved

1. That from July to December 2021 the Joint Committee’s formal meetings occur every two months and that in the intervening months a day-long workshop plus a two hour on-line workshop be scheduled.

2. That the venues for the formal meetings continue to be marae located within the Kaipara Moana catchment.

3. That a report be prepared for June which sets out the dates and venues for the formal meetings and day-long workshops.

Since that meeting members have provided feedback on the days and dates that work best for the formal meetings and workshops. In order to get greater consistency over when these events occur it is proposed that the formal meetings and workshops occur on the third Monday of every month.

Table 1: Schedule of formal meetings and workshop August to December 2021 below reflects what that means in terms of dates.

Month	Monday
August – workshop (public excluded)	16 August
September- formal meeting	20 Sept
October- workshop (public excluded)	18 Oct
November- formal meeting	15 Nov
December - formal meeting	13 Dec

It is recommended that the Joint Committee confirm these dates. Dates for the two-hour online meetings will be determined as required as there may be some months when such a meeting is not required.

The Joint Committee’s Kaipara Uri members are currently identifying appropriate marae venues for the September, November and December meetings.

Workshops will be held in Wellsford or Kaiwaka.

Considerations

1. Aromātai whāinga haumi mō te oranga / Wellbeing Investment objectives and 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, having an agreed schedule of future meeting and workshop dates ensures the efficient and effective operation of the Joint Committee essential to meeting its obligations regarding the investment objectives.

2. Ngā ritenga take pūtea / Financial implications

The cost of holding Joint Committee business meetings and workshops will be provided for in the Year Two Work Plan budget.

3. Ngāhiranga me ngāhononga/Significance and engagement

In relation to section 79 of the Local Government Act 2002, the decision (i.e. approving a schedule of meeting and workshop dates for August – December 2021) arising from this report is considered to be of low significance when assessed against Northland Regional Council’s significance and engagement policy. This does not mean that this matter is not of significance to tangata whenua and/or individual communities, but that the joint committee is able to make these decisions without undertaking further consultation or engagement.

4. Ngā whāinga mō āmuri / Next steps

Once the Joint Committee decides on the schedule of formal meetings and workshops, and marae venues are confirmed, details will be provided to members. As required by the Local Government Act both Auckland Council and Northland Regional Council will publicly notify the dates and venues of the formal meetings.

Attachments/Ngā tapirihanga

Nil

Kaipara Moana Remediation Joint Committee item: 5.3

25 June 2021

TITLE:	Kaipara Maurikura Establishment Update
ID:	A1449121
From:	Penny Pirrit, Northland Regional Council Management Representative
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 17 June 2021

He Rāpopoto hautū / Executive summary

As part of the establishment of the Kaipara Maurikura there are two key foundation documents which will provide direction and clarity to the Pou Tātaki and staff within the Kaipara Maurikura of what is expected of them and what roles governance and management have within the KMR Programme. The first document is the Statement of Service Requirements, while the second is the Chief Executive Officers Responsibilities Agreement.

Both documents have been drafted with input from the operations establishment subcommittee. It is recommended that both documents be approved.

Recommendation(s)

1. That the report ‘Kaipara Maurikura Establishment Update’ by Penny Pirrit, Northland Regional Council Management Representative and dated 1 June 2021, be received.

2. That the Proposed Statement of Service Requirements outlined in Attachment 1 to this report be approved with the Joint Committee Chair being delegated the final sign off on any amendment required to include procurement principles adopted in the Employment Strategy.

3. That the Proposed Chief Executive Officer’s Responsibilities Agreement outlined in Attachment 2 to this report be approved for signing by the Joint Committee Chair and the Northland Regional Council’s Chief Executive Officer

4. That a six-monthly report on the Kaipara Maurikura’s performance be presented to the February 2022 Joint Committee meeting.

Horopaki / Context

The establishment of Kaipara Maurikura represents a significant step forward for the Kaipara Moana Remediation Programme (the KMR Programme) as it will provide dedicated staff who can focus on working with others to deliver sediment reduction at a scale and pace not previously been possible in the Kaipara Moana catchment. The Kaipara Maurikura also represents an opportunity to work in a manner that truly reflects the bicultural aspirations of the partnership.

The Kaipara Maurikura will be in new unchartered territory as it will need to work within the Northland Regional Council’s (NRC) policy frameworks, under the oversight and leadership of the Chief Executive Officer, while looking for new and innovative practices to achieve the objectives of the KMR Programme and the annual work plans adopted by the Joint Committee.

Therefore, in order to support the Pou Tātaki and the Kaipara Maurikura, two documents have been drafted to provide direction and clarity over what is expected of the Kaipara Maurikura and on the different roles the Joint Committee and the NRC Chief Executive Officer have.

The subcommittee (Members Warriner, Wright, Yeoman and Pirrie with NRC Chief Executive Nicolson) set up to work on a number of the Kaipara Maurikura establishment issues has provided governance advice and review into the development of these two documents.

Tātari me ngā tūtohu / Analysis and advice

The two proposed documents are attached in Attachment 1: The Statement of Service Requirements and in Attachment 2: The Chief Executive Officer’s Responsibilities Agreement.

The Statement of Service Requirement

This document states the activities that the Joint Committee requires the Kaipara Maurikura, under the leadership of the Pou Tātaki, to undertake over the next two years, and the investment objectives that those activities contribute to.

To set the right context for the activities of the Kaipara Maurikura the document indicates that the KMR Programme Memorandum of Understanding and its Deed of Funding are the foundation documents for the KMR Programme and are to guide all the actions and activities undertaken by the Kaipara Maurikura. The document restates the moemoeā/vision, the role of the KMR Programme in achieving the vision, the investment objectives and the tikanga/values that underpin what the KMR Programme does.

To provide clarity over the Kaipara Maurikura’s role in the KMR Programme the document explicitly sets out how it will contribute to the KMR Programme’s outcomes and identifies the key focus areas, derived from the Year Two Work Plan, for the next two years.

A set of performance measures is included for the next two years so that the Joint Committee can track performance of the Pou Tātaki and the Kaipara Maurikura. These performance measures are different to any measures used to track progress towards achieving the KMR Programme objectives. This is because achieving the objectives of the KMR Programme requires input and actions by many players and it would not be appropriate to place all of the responsibility in achieving them solely on the Kaipara Maurikura. It is indicated in the document that the performance measures should be reviewed in two years’ time; and that the Pou Tātaki is required to report to the Joint Committee every six months on progress against each measure.

The document also outlines the financial delegations of the Pou Tātaki and important Joint Committee Issues.

Financial Delegations of Pou Tātaki

The financial delegations for the Pou Tātaki largely reflect those which the Joint Committee approved on 30 October 2020. However, it is recommended that the tender approval process be amended. In the 30 October decision there was a tender approval process where tenders between $75,000- $250,000 were to be considered and approved by a panel made up of the GM Environmental Services Manager (NRC) and the three Interim Management Team members. Tenders over $250,000 were to be reported back to the Joint Committee. All tenders had to be for activities approved and budgeted for in Annual Work Plans.

The 30 October process recognised the interim phase the KMR Programme was in and occurred before a decision was made on the form of the operations unit. Events have moved on since then and with the approval of the role of the Pou Tātaki and the setting up of the Kaipara Maurikura it is recommended that the delegations for tender approval are simplified. In the proposed Statement of Service Requirements, the Pou Tātaki is delegated the decision making for tenders up to $250,000 and the Northland Regional Council (NRC)Chief Executive Officer for tenders over $250,000. These changes will enable the Pou Tātaki and, if required the NRC Chief Executive Officer, to make decisions on projects already approved by the Joint Committee in its Annual Work Plan efficiently. It should be noted that until such time as the Pou Tātaki is in place the 30 October financial delegations will remain effective so as to ensure the financial aspects of the KMR Programme can continue to operate.

Important Joint Committee Issues

These issues relate to expectations in relation to

· Recognition and working in accordance with Kaipara Uri tikanga

· Financial Accountability

· Shared services with NRC

· Engagement and Communication

The Chief Executive Officer’s Responsibilities Agreement

As a business unit within the NRC, until such time as the Kaipara Moana Statutory Body is established, the Kaipara Maurikura will have certain Local Government Act statutory requirements which the NRC’s Chief Executive Officer is charged with performing and upholding.

While the KMR Programme Joint Committee is, as a joint committee of the Northland Regional Council and Auckland Council, also subject to certain Local Government Act requirements, the unique partnership arrangement expressed in the KMR Programme Memorandum of Understanding provides opportunities for new approaches and processes. It is important that any new approaches and processes acknowledge and uphold the statutory responsibilities the NRC’s Chief Executive Officer is required by legislation to discharge.

The Chief Executive Officers Responsibilities Agreement is designed to provide clarity for the Joint Committee and the Chief Executive Officer on what those statutory responsibilities are; and how the areas of governance (the KMR Joint Committee) and management (the Chief Executive Officer) will work together to achieve the outcomes of the KMR Programme. This clarity will in turn inform how the Pou Tātaki and the Kaipara Maurikura interacts with the Joint Committee and the NRC Chief Executive Officer.

This document sets out as context the responsibilities of a local government chief executive officers as defined in the Local Government Act 2002. It also provides guidance from the Office of the Auditor General on the role and responsibilities of a local government chief executive officer. These sections are designed to provide clarity over the ‘legal’ responsibilities that a local government chief executive officer must discharge.

The document then sets out how the NRC Chief Executive Officer will interact with the Joint Committee either personally or by means of delegated responsibility to the Pou Tātaki.

It is recommended that the proposed Chief Executive Officer’s Responsibility Agreement in Attachment 2 to this report be approved. A review of the document should occur when there is a change in Chief Executive Officer at Northland Regional Council.

Considerations

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

The establishment of an operations vehicle for the Kaipara Moana Remediation Programme is a key step towards achieving the investment objectives of the Memorandum of Understanding. The operations vehicle will provide a focus and driving force for working in an integrated manner with iwi, hapū, marae, landowners and local communities to achieve both the vision and the objectives of the Programme.

2. Ngā ritenga take pūtea / Financial implications

There are no financial implications to the approval of the two documents. The budget required to set up the Kaipara Maurikura is included in the proposed Year Two Work Plan budget that the Joint Committee has endorsed in principle.

3. Ngā tūraru me ngā mauru / Risks and mitigation

One of the key reasons for developing the two documents is to avoid confusion and lack of clarity over what and how the new Kaipara Maurikura is expected to deliver and behave including how it interacts with both the Joint Committee and the NRC Chief Executive. By having formal documentation of these matters the Kaipara Maurikura can start operating with clear direction. In addition, even if personnel change within the NRC and/or the Joint Committee there will be formal record of those expectations and roles.

4. Ngā hiranga me ngāhononga / Significance and engagement

In relation to section 79 of the Local Government Act 2002, the decisions arising from this report are considered to be of low significance when assessed against Northland Regional Council’s significance and engagement policy. The Joint Committee is able to make these decisions without undertaking further consultation or engagement.

5. Ngā whāinga mō āmuri / Next steps

Once the Joint Committee approves the Statement of Service Requirements it can be signed by the Joint Committee Chair and the Pou Tātaki (once appointed). The Chief Executive Officer’s Responsibilities Agreement, once approved, can be signed by the Joint Committee Chair and the NRC’s Chief Executive Officer.

It is intended that the Statement of Service Requirements is reviewed every two years and progress on meeting the performance measures set out in that document is reported six-monthly to the Joint Committee.

Attachments/Ngā tapirihanga

Attachment 1: Proposed Statement of Service Requirements ⇩

Attachment 2: Proposed Chief Executive Officers Responsibilities Agreement ⇩

Kaipara Moana Remediation Joint Committee item: 5.4

25 June 2021

TITLE:	Year Two Workplan Update
ID:	A1450792
From:	John Hutton, Auckland Council Management Representative
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 18 June 2021

He Rāpopoto hautū / Executive summary

On 17 May the Kaipara Moana Remediation Joint Committee (Joint Committee) approved the Draft Kaipara Moana Remediation Programme Year 2 Annual Work Plan (A1437942), with the draft being provided to the Ministry for the Environment (MFE) for consideration. Under the Kaipara Moana Remediation Programme Deed of Funding, MFE is to notify the Joint Committee whether the Ministry accepts the draft Work Plan, or whether it requests reasonable modifications to it.

MFE have confirmed they do not seek any material change to the draft Year 2 Annual Work Plan.

On that basis it is recommended the Joint Committee confirms adoption of the plan, subject to minor adjustments between financial years when expenditure for Year 1 projects is reconciled for FY2020-21, and unspent budget is transferred to FY2021-22 as required to take projects through to completion. The latter is required as expenditure for some projects to year’s end is not yet confirmed.

No additional Crown funding is required for the first six months of the Year 2 Work Plan as the Crown funding contribution of $9.638 million made in early March 2021 will be sufficient, when combined with matched council and other funding sources, to progress all projects to December 2021.

Ngā tūtohu / Recommendation(s)

1. That the report ‘Year Two Workplan Update’ by John Hutton, Auckland Council Management Representative and dated 14 June 2021, be received.

2. That the Joint Committee confirm and adopt the Year 2 Work Plan and budget, subject to minor adjustments between financial years when expenditure for Year 1 projects is reconciled for FY2020-21 and unspent budget is transferred to FY2021-22 as required.

Horopaki / Context

The Kaipara Moana Remediation Programme Deed of Funding (Deed of Funding) sets out a process to develop and agree an Annual Work Plan for each year of the Kaipara Moana Remediation Programme (KMR programme). This report updates the Joint Committee on steps taken to finalise the Year 2 Annual Work Plan and seeks a decision from the Joint Committee to confirm its adoption.

Tātari me ngā tūtohu / Analysis and advice

On 17 May the Kaipara Moana Remediation Joint Committee (Joint Committee) approved the Draft Kaipara Moana Remediation Programme Year 2 Annual Work Plan (ID: A1437942), which was provided to the Ministry for the Environment (MFE) for consideration.

Under the Kaipara Moana Remediation Programme Deed of Funding, MFE is to notify the Joint Committee whether the Ministry accepts the draft Work Plan, or whether it requests ‘reasonable modifications’ to it, to be accompanied by the rationale for such requests. If MFE does not seek modifications, the draft Annual Work Plan is deemed to be incorporated into and form part of the Deed of Funding.

KMR programme and MFE staff have engaged constructively on the draft Year 2 Work Plan, including on the template form that is to be attached to the Deed of Funding.

MFE have now confirmed they do not seek any material changes to the draft Year 2 Annual Work Plan. While some matters of detail are being worked through with KMR programme staff, the objectives, workstreams, projects and high-level deliverables will not require change.

It is therefore recommended the Joint Committee confirms adoption of the Year 2 Annual Work Plan, subject to minor adjustments between financial years when expenditure for Year 1 projects is reconciled for FY2020-21, and unspent budget is transferred to FY2021-22 as required to take projects through to completion. The latter is required as expenditure for projects to FY2020-21 year’s end can only be fully confirmed from mid-July. No change to overall or individual project budgets is proposed or sought.

It should be noted that, in the event MFE had requested modifications to the Annual Work Plan, the Joint Committee would ‘as it reasonably considers appropriate’ update the draft and resubmit it to the Ministry for subsequent review. If the Joint Committee did not agree to make changes, and if after further discussion MFE continued to request modification, grant funding specific to that area of the Annual Work Plan would not be provided, while funding for projects the Ministry did agree with would be paid on the basis that the Annual Work Plan has been agreed and finalised. In short, disagreement in one area of the Annual Work Plan would not hinder the balance of the projects proceeding.

No additional Crown funding is required for the first six months of the Year 2 Work Plan. The Crown funding contribution made in early March 2021 of $9.638 million to the Year 1 Work Plan (including for projects that would extend beyond FY2020-21) will be sufficient, when combined with council and other funding sources, to progress all projects to December 2021.

The proposed Kaipara Moana Remediation Programme Year 2 Annual Work Plan is provided as Attachment 1 to this report, for final consideration and adoption by the Joint Committee.

Confirmation by councils of Long-Term Plan contributions

Under the Kaipara Moana Remediation Memorandum of Understanding and the Deed of Funding, Crown funding after the initial year is conditional on Auckland Council and Northland Regional Council committing to co-fund (whether through direct funding, financing, staff and resource allocation or otherwise) the KMR programme through their respective Long-Term Plans, in combination with other third-party contributions (i.e., landowner, industry association, philanthropic), to the total of $100 million.

Both councils have now passed Long-Term Plan budgets and their chief executives are writing to the Ministry for the Environment’s Chief Executive confirming that each council has budgeted a $10 million contribution to the first six years of the KMR programme (or $20 million jointly). Meeting the $100 million co-funding contribution to the Crown’s funding should be achieved when council funding is combined with the co-funding approach to be taken with landowners for remediation work (and contributions by industry associations), as set out in the Year 2 Annual Work Plan and budget. It is anticipated that MFE will brief the Minister for the Environment and other Sustainable Land Use Ministers on this.

Ongoing engagement with MFE

KMR programme staff and MFE staff will continue to engage regularly with KMR programme staff providing, where relevant, detailed project planning material as it is produced for specific projects. This is to ensure MFE is kept up to date and has a good understanding of projects as they develop. It is particularly relevant for the substantial Year 2 project ‘Sediment Reduction Plans - Remediation Grants Funding’, which has important interdependencies with the ‘Communications Strategy Implementation’ project and the ‘Digital tools for Sediment Reduction Plans and Grants Funding Administration’ project.

Considerations

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

Projects within the Year 2 Annual Work Plan have been assessed as contributing to meeting the wellbeing investment objectives of the KMR programme. The decisions sought in this report progress the finalisation of the Year 2 Annual Work Plan.

2. Ngā ritenga take pūtea / Financial implications

Financial implications for the draft Year 2 Annual Work Plan were considered by the Joint Committee on 17 May 2021. There are no new financial implications from the decisions sought in this report, except to note that minor adjustments between financial years may be required when expenditure for Year 1 projects is reconciled for FY2020-21, and unspent budget is transferred to FY2021-22 as required to take projects through to completion. No change to overall project budgets is proposed or sought.

3. Ngā hiranga me ngāhononga / Significance and Engagement

In relation to section 79 of the Local Government Act 2002, the decisions arising from this report are considered to be of low significance when assessed against Northland Regional Council’s significance and engagement policy. This does not mean that this matter is not of significance to tangata whenua and/or individual communities, but that the joint committee is able to make these decisions without undertaking further consultation or engagement.^{^[2]}

4. Ngā tūraru me ngā mauru / Risks and mitigation

The decisions sought in this report do not add new or change existing risks to the KMR programme and projects within the programme. Risks and mitigations will be managed across Year 2 Work Plan projects and at a programme level.

5. Ngā whāinga mō āmuri / Next steps

Confirmation of the Year 2 Annual Work Plan for the Kaipara Moana Remediation Programme, alongside confirmation by councils of Long-Term Plan funding for the KMR programme and resulting co-funding to the Crown’s contribution, will allow the programme to progress into FY2021-22.

It should be noted that the Deed of Funding requires an Annual Report be prepared for the previous financial year, in this instance by 31 September 2021. As part of the Annual Report an Audit Report will be prepared. Staff will undertake this work and commission an audit for consideration by the Joint Committee in September 2021.

The Deed of Funding also requires preparation of a Six Monthly Report, which is an abbreviated report that relates to the period from 1 July to 31 December, and which for FY2021-22 will be completed by 31 February 2022. Among other things the report will provide an update on progress towards delivering environmental outputs as outlined in the Annual Work Plan.

A separate financial summary is also to be provided to MFE prior to 30 November each year, that updates expenditure to date, with an invoice for the following 6-month period and corresponding projected expenditure for the following 6-month period tracked against the Annual Work Plan budget.

Ngā tapirihanga / Attachments

Attachment 1: Kaipara Moana Remediation Programme Draft Year 2 Work Plan ⇩

[1] This joint committee operating under the Local Government Act which requires a significance and engagement policy (which identifies when matters require special consultation with tangata whenua and the community) and to have regard to that policy when making decisions. As the administrative support for the joint committee is provided by the Northland Regional Council, it’s that councils Significant and Engagement Policy that will apply to joint committee decision making.

[2] This joint committee operating under the Local Government Act which requires a significance and

engagement policy (which identifies when matters require special consultation with tangata whenua and the

community) and to have regard to that policy when making decisions. As the administrative support for the

joint committee is provided by the Northland Regional Council, it is that council’s Significant and Engagement

Policy that will apply to joint committee decision making.

TITLE:	Confirmation of Minutes - Kaipara Moana Remediation Joint Committee - 17 May 2021
ID:	A1449130
From:	Leah Porter, Trainer
Authorised by Group Manager:	Jonathan Gibbard, Group Manager - Environmental Services, on 14 June 2021