Agenda of Kaipara Moana Remediation Joint Committee

Kaipara Moana Remediation Joint Committee item: 5.1

13 December 2021

TITLE:	Interim Pou Tātaki Report
From:	Alan Wilcox, Interim Pou Tātaki
Authorised by Group Manager/s:	Justine Daw, Pou Tātaki, on 09 December 2021

Whakarāpopototanga / Executive summary

Kaipara Maurikura Staff Appointments Update 

With Darren Van Beek starting in the Maurikura on the 6^th December - as the Workforce, Business Growth and Innovation Adviser and also Tahiroa Bishop as the Catchment Remediation Advisor - all appointed staff except Steph Versteeg are now working in the Maurikura. Steph will be taking up her role on 17^th January. The Maurikura was approved with 16 positions. However, only 12 persons have been appointed, with a Contracts manager role currently in process of appointment. A needs analysis will be carried out next year to ascertain if any additional staff are needed and in what roles.  

Communications with Landowners 

The three-landowner engagement hui were held in November with over 40 people attending; apart from a positive relations process the results of these hui have crystalised into some suggested changes to the Landowner grants criteria, addressed in a separate paper on this agenda. 

Land Management Advisers Training  

Some 13 tangata attended the land management field advisors training held at Matakohe from the 29^th November to 1^st December. Four staff from the Maurikura also attended this training, that was delivered by Duncan Kervell, David McDermott and Matt Highway from NZARM. Willie Wright also provided historical and cultural context. Of the 13 attending, 5 have links with, or are working for, mana whenua organisations. This now gives the Maurikura the capability to outreach to landowners and initiate the programme at scale, a process that will be advanced early in 2022.  

Workforce Development  

The processes of the Employment hub are emerging. As part of the accreditation process for preferred supplier nurseries and contractors, we have identified that a number either have a relationship with MSD or would like to have a relationship and access assistance available to them in making employment choices.  

MSD have identified several support programmes, such as their flexi-wage initiative, that makes temporary contributions to the wages of a prospective employee so they can access and maintain employment. Similarly, training assistance can also be provided to help prospective employees gain necessary skills. This may take place on the job or can be provided through relationships with Education Providers.  such as NorthTec.  

Kaipara Uri Post Settlement Entities (PSEs) have plans to provide training for their whanau, to create marae-based workforces based initially around the needs of the KMR programme. MSD support can assist with this.  Businesses can then access employees who are either trained or can access such training provided by Kaipara Uri. These employees will come with financial subsidies as well as training costs met.  

South Kaipara Streams  

The South Kaipara streams project work has reached a milestone with the first report now available. This provides some interesting information on where the most likely erodible areas are when landforms and hydrology are considered. A report is undergoing peer review and staff are determining how the information can best be utilised before reporting back to the Joint Committee. 

Concluding Comments  

It has been a great pleasure to be part of the building of the machinery that will drive for the KMR programme. A year long process has come to a state whereby the high level strategy and directions have been set; a Deed Funding negotiated, work programmes devised, approved and in process of implementation; the governance, administrative and operational procedures are in place; branding, engagement and communications direction is set and beginning to be implemented; landowner and community resource allocation schemes and processes are in place and beginning to be operationalised; a substantial and capable staff has been employed; the first contingent of Field Advisors have been trained; the physical space of the Maurikura has been set up and dedicated; vehicles computers and material necessities are all available; a trickle of sediment reduction plans have been approved with initial remediation works having been carried out. The Smarty Grants System is well advanced and being tested and expected to be operational early in the New Year. A new sharp and energised Pou Tātaki is in place, and will no doubt take the programme into areas of potency that have yet to be explored. 

I would like to thank, in particular, the Kaipara Uri representatives who have entrusted me to be their representative on the Interim Management Team for the first half of this process, and extend that thanks to the members of the Joint Committee for enabling me to coordinate the second part of this process. It was indeed a true privilege to be part of such a worthwhile project, and a pleasure to be working with you all.  

Ngā mihinui koutou! 

Alan 

Ngā mahi tūtohutia / Recommendation

That the report ‘Interim Pou Tātaki Report’ by Alan Wilcox, Interim Pou Tātaki and dated 9 December 2021, be received.

Background/Tuhinga

Not applicable

Attachments/Ngā tapirihanga

Nil

Kaipara Moana Remediation Joint Committee item: 5.2

13 December 2021

TITLE:	Funding Criteria Adjustment for Sediment Reduction Plans
From:	Lisette Rawson, Amo - Rauora Kōawa \| Catchment Remediation Manager; Duncan Kervell, Kaipara Maurikura Land Management Specialist and John Hutton, Strategic Business Manager, Kaipara Maurikura
Authorised by Group Manager:	Justine Daw, Pou Tātaki, on 08 December 2021

He Rāpopoto hautū / Executive summary

This report seeks approval for adjustments to Kaipara Moana Remediation Programme (KMR) grants funding criteria for remediation projects under Sediment Reduction Plans, with application to both the Landowner Grants scheme and the Whenua Whānui scheme.

Proposed adjustments are to the average distance of riparian fencing from waterways and the area eligible for planting support. These have been developed following engagement with landowners, Fonterra Sustainable Land Advisors and nurseries that has taken place since August 2021.

If adopted the adjusted criteria will provide greater flexibility for Sediment Reduction Plans to respond to the often-complex Kaipara Moana landforms, where in rolling country, steep river embankments, wet areas, low-lying seeps and small wetland areas, are often adjacent to waterways. To accommodate the retirement and planting of these areas the funding criteria need to meet the requirements of landowners to create wider waterway setbacks than previous assumed. Flexibility to include these areas will help reduce sediment loss into waterways and stabilising streambanks. Providing variable riparian planting widths in key locations should improve uptake from landowners and have inherent improved biodiversity outcomes.

An approach to pay for plants which distinguishes small and larger planting projects is also proposed. This approach is designed to a provide surety to nurseries and ensure landowners are invested in plants purchased.

Ngā tūtohu / Recommendation(s)

1. That the report ‘Funding Criteria Adjustment for Sediment Reduction Plans’ by Lisette Rawson, Amo - Rauora Kōawa | Catchment Remediation Manager; Duncan Kervell, Kaipara Maurikura Land Management Specialist and John Hutton, Strategic Business Manager, Kaipara Maurikura and dated 7 December 2021, be received.

2. That changes to funding principles and criteria annotated in Attachment 1 are agreed.

Horopaki / Context

On 22 March 2021 the Joint Committee approved the interim approach of producing Sediment Reduction Plans to identify where to allocate remediation grant funding (ID A1423057). KMR Programme Remediation Funding Criteria were also approved, and a commitment made to test the criteria with landowners and stakeholders for adjustment to be considered if required.

On 22 July the Joint Committee received a report setting out further considerations on grants funding. This followed the experience of completing a modest number of Sediment Reduction Plans and feedback on the criteria by a range of people. Key principles for grants funding and additional criteria were approved by the Joint Committee on a provisional basis, with the aim of seeking further engagement with landowners and at a community level.

Since 22 July a significant number of conversations have taken place with landowners, Fonterra Sustainable Dairy Advisors, nursery owners and other stakeholders and community members, including at two public consultation hui. Criteria for fencing and planting have also been assessed on specific farms, with consideration of the often-complex land forms in the Kaipara Moana catchment, including steep banks adjacent to waterways, and boggy low-lying seep areas which are common. Such features are not accommodated in the existing criteria, such as an average 5 metre setback of fences from a waterway if riparian planting is to be undertaken. Greater flexibility is therefore needed to be provided to respond to natural landforms found on the whenua.

Tātari me ngā tūtohu / Analysis and advice

Attachment 1 provides the ‘KMR Programme Remediation Funding Criteria’, updated following Joint Committee decisions on 22 June 2021, and with track-changes showing the adjustments now proposed.

Proposed changes to set-back distances for riparian planting

Current criteria

Proposed change

Comments

Minimum 3m setback from waterway for riparian planting with sedges/rushes, and 5m for woodier species.

Average 5m distance from stream setback for riparian planting, with a minimum of 3m.

No change to minimum setbacks.

Change to a maximum average of 10m distance from stream setback for riparian planting (either side) or up to a maximum of 20m on one side to take account of landscape variance.

Provides greater flexibility to accommodate planting of seeps and a wider riparian planting envelope or zone, creating more options for planting to align with the landscape situations and landowner preferences.

Funding for planting of wetlands provided but restricted to seasonally dryer fringe areas considered the same as riparian.

Maximum planting area based on 10m average distance from fence for wetlands.

Definition of ‘fringe areas’ not provided in current criteria – adding ‘10m average distance from fence’ provides useful clarity and will support desired outcomes. Noting wetlands separate from waterways riparian planting will be unusual.

The criteria originally proposed for fencing distances from waterways largely followed guidance developed elsewhere on minimum and average setbacks, with a 5 metre average setback having the effect of ‘stretching’ planted areas along waterways. Although this guidance works well for straighter waterways in flat country, there are significant areas in the Kaipara Moana catchment of rolling to steep country, including short steep slopes adjacent to waterways and seeps, and small wetlands that are part of or contiguous with waterways. This makes the current criteria at times impractical and constrains landowner options to retire identified critical sediment sources on the whenua.

If approved, an overall outcome can be anticipated for flat and easy country of more uniform sized setbacks and even riparian planting corridors, with a 5m setback, thereby reducing the loss of grazing area for the most productive parts of a property. However, where the landform is more rolling and complex, setbacks are likely to vary and include pockets of reasonably wide riparian planting or fencing and planting of larger seep and contiguous wetland areas adjacent to waterways.

Landowner choice is an important consideration too – the proposed criteria provide greater flexibility for a landowner who wishes to undertake waterway planting projects, to accommodate for their farm systems and landscape.

In addition to a reduction of sediment loss from land and stream-bank stabilisation (and overland water-flow management), the proposed criteria will likely result in better biodiversity outcomes, alignment with ecological principles, and larger areas of planting to allow for joining fragmented bush blocks and wetlands.

Allowing exceptions to minimum 3 metre set-back for fences

A minor change is sought to allow exceptions to minimum 3 metre setbacks for fencings on hill country, if topography dictates. National regulations prescribing 3 metre setbacks from waterways for ‘Low Slope Land’ does not apply in hill country, that is, for land with slopes over 10 degrees average. While a minimum 3 metre set-back continues to provide sediment-reduction outcomes, flexibility needs to be provided for circumstances where topography means a set-back less than 3 metres is more practicable.

Additional clarity for cost of gates

A minor change is provided in Appendix 1 that sets a price of ‘up to $300’ for gates, where they are required. This is similar to the set cost approach for water troughs and will be assessed in time to ensure it is market fit.

Budget implications for KMR Programme if wider riparian margins are planted?

The changes recommended here will likely increase the overall average cost per suite of projects covered by a Sediment Reduction Plan. However, they will help achieve the sediment outcomes the programme is set up to deliver, as well as the wider benefits set out in the KMR outcomes. A significant risk at this stage in the programme is a lack of uptake and the absorptive capacity across the catchment of landowner readiness to invest. By providing greater flexibility and responsiveness to local conditions for planting, the proposed criteria changes will help resolve this risk.

If landowner uptake for KMR grants funding for proves to be significant, a question arises on the overall budgetary impact on the KMR. Put another way, can the KMR afford to support riparian planting with the proposed adjusted criteria, which has the potential of allowing more extensive areas to be planted?

The high-end answer is ‘yes’, although it is difficult to state this definitively as financial modelling of investment across the life of the KMR is ongoing and will depend on landowner uptake. A critical factor driving uptake is likely affordability for landowners to invest in waterway planting, which is expensive, while meeting the KMR shared funding approach, plus the time over which investment is made.

Guidance on market pricing for planting has set a total cost of around $4 per plant in the ground (including cost of the plants and labour). A planting rate of approximately 5,000 stems per hectare is recommended, meaning a total cost per hectare for plating of around $20,000. If an average planting width of 10 metres is assumed (across both side of a waterway), one hectare of planting will provide coverage over 1 kilometre of a waterway.

Under the 2019 Kaipara Moana Remediation Indicative Business case an estimate of $58 million was given for riparian planting, spread over 10 years. Strictly apportioned over 6 years, that would mean a $35 million investment – noting these are estimates only and the KMR is able to modify investment areas as required within overall budget window.

Broadly speaking, at $20,000 a hectare (or $20,000 per kilometre), an investment of $35 million would achieve around 1,750 lineal kilometres of riparian planting. While a strong caveat must be made that financial modelling on this and other priority investment areas is being undertaken as the KMR progresses, this would provide a significant contribution to reducing sediment loss and delivering other concurrent benefits for the catchment (i.e., biodiversity, resilience, carbon-capture).

In terms of landowner uptake, if under a Sediment Reduction Plan a landowner undertakes 1 hectare of planting a year for three years, this will come at a total cost of around $60,000, with $10,000 paid each year by the KMR and the landowner respectively and remembering the cost of labour can be accounted for as an in-kind contribution. Indications are this level of investment is possible for a good number of landowners. If 600 landowners were to undertake riparian planting at this rate across the next five years, a total of around $36 million of riparian planting would be achieved. Obviously, many landowners may wish to complete more modest levels of planting spread over a longer timeframe, and this should and can be accommodated.

Proposed changes for payments to nurseries for plants

Current criteria

Proposed change

Comments

Payments for plant stock will be to the designated nurseries directly upon order from the landowners.

Payments for plant stock orders over 1,500 plants will comprise:

· 50% paid to nursery by KMR upon order by the landowner

· 50% paid to nursery by landowner on receipt or delivery of plants, with landowner reimbursed by KMR when planting is confirmed as successfully completed by a KMR Field Advisor

Option of payment for smaller plant stock for orders under 1,500 plants to be paid directly by the landowner to the nursery upon receipt of plants. When planting is confirmed as successfully completed by a KMR Field Advisor, the KMR will reimburse the landowner the cost of the plants at a set cost per plant (set price of up to $2 per plant, however payment based on a receipt from the nursery).

Original intention to provide assurance for nurseries on plant orders is retained, but difference between large and small planting projects is accommodated.

The proposed two-step and 50-50 payment process for plant stock is designed to: i) provide surety in the form of a deposit to a nursery; ii) assist the landowner to undertake larger planting projects by covering the cost of a deposit for the nursery; and iii) provide for the landowner to be invested financially in the plant stock, and therefore drive ownership of plants and completion of the work.

If a landowner is unable to take up the plant stock when it is ready (due to a change of circumstance), the KMR’s payment of a deposit means the KMR can make the plants available for other projects with minimal risk of loss.

The second proposed change accommodates situations where landowners wish to undertake more modest areas of riparian planting and do not employ contractors. This will save time and transactional costs (as it has fewer steps), noting that the fencing part of an overall project may not be small, but many farmers only have so much time to put towards planting each year if they wish to do it themselves.

Having a landowner purchase plant stock directly from the nursery for smaller projects, to be reimbursed later by KMR, also provides an incentive for the plants to be looked after and planted. Given the relatively small number of plants, the landowner could potentially purchase without pre-ordering, drawing from existing nursery stock. If the landowner prefers to go through the ‘normal’ process of having part of it paid to the nursery up front, then they can.

These changes have been canvassed with nurseries and land advisors and supported as practicable.

Considerations

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

The decisions sought in this report will contribute to the uptake of KMR grants funding by landowners and completion of remediation works such as riparian fencing and planting. As such they will contribute to KMR investment objectives.

2. Ngā ritenga take pūtea / Financial implications

No new budget is sought in this report. The proposed adjustments to KMR grants funding criteria do not require a change to Annual Work Plan budgets, but they should have an effect on the manner in which remediation work is undertaken and delivered.

3. Ngā hiranga me ngā hononga / 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.^{^[1]}

4. Ngā tūraru me ngā mauru / Risks and mitigation

The proposed changes to grants criteria are relatively minor but are designed to ensure higher levels of landowner uptake, reduce administrative cost, and provide greater flexibility to on-the-ground remediation projects.

5. Ngā whāinga mō āmuri / Next steps

If agreed, the adjusted criteria will be incorporated into guidance documents for KMR Field Advisors and communications material for landowners setting out KMR grants funding criteria and processes. They will also be incorporated into cost-schedule documentation for fencing and planting.

Ngā tapirihanga / Attachments

Attachment 1: KMR funding criteria for on-farm actions (22 July with changes sought 13 December) ⇩

Kaipara Moana Remediation Joint Committee item: 5.3

13 December 2021

TITLE:	Operating under Covid-19 Protection Framework - Traffic Light System
From:	Ben Hope, Ringa-Pārongo \| Communications Lead; Willie Wright, Ringa-Hononga Mana Whenua \| Mana Whenua Relations Lead and Justine Daw, Pou Tātaki
Authorised by Group Manager:	Justine Daw, Pou Tātaki, on 08 December 2021

He Rāpopoto hautū / Executive summary

At midnight on 2 December, New Zealand adopted the COVID-19 Protection Framework (Traffic Light system), with Northland and Auckland both moving to ‘Red’ until at least 17 January 2022.

This paper responds to the request of the Kaipara Moana Remediation Joint Committee (Joint Committee) on 18 October for advice on how the new Traffic Light system applies to the Kaipara Moana Remediation programme (KMR), and a recommendation for management of Joint Committee meetings, including those held on marae with Kaipara Uri partners.

In line with KMR values, we propose a primary principle of protecting the health and safety of all those working under the KMR banner. This aligns to emerging policies across local and central government, and many Māori groups, businesses and NGOs. We propose an important second principle to honour our partnership commitments through meeting face-to-face (kanohi a kanohi), once it is safe to do so.

This report sets out the practical implications of these principles, and recommends an approach for Joint Committee meetings under each of the Traffic Light settings for discussion and decision.

Ngā tūtohu / Recommendation(s)

1. That the report ‘Operating under Covid-19 Protection Framework - Traffic Light System’ by Ben Hope, Ringa-Pārongo | Communications Lead; Willie Wright, Ringa-Hononga Mana Whenua | Mana Whenua Relations Lead and Justine Daw, Pou Tātaki and dated 7 December 2021, be received.

2. That the new Traffic Light system be applied to the Kaipara Moana Remediation programme in accordance with two guiding principles:

a. protecting the health and safety of all those working under the Kaipara Moana Remediation banner

b. honouring Kaipara Moana Remediation partnership commitments by meeting face-to-face (kanohi ki te kanohi), once it is safe to do so

3. Note that Kaipara Maurikura staff and contractors working directly for the KMR will be subject to the Northland Regional Council’s policy framework for COVID-19 when finalized

4. That the the recommended approach for applying the Traffic Light system to Kaipara Moana Remediation activities as set out in Attachment 1, including managing Joint Committee meetings in 2022, be adopted.

Horopaki / Context

At midnight on 2 December, New Zealand adopted the COVID-19 Protection Framework (Traffic Light system), with Northland and Auckland both moving to ‘Red’ until at least 17 January 2022. The Framework aims to manage risks from COVID-19 in the community, with vaccination status a key determinant of this.

Each colour in the Traffic Light sets out various requirements for businesses, marae, households and individuals across the whole of New Zealand. Requirements that affect the KMR work programme include ways of working (i.e., in the office or from home), gathering and event limits, how close-contact engagements are able to safely operate (including community events), and mask-wearing while working.

Under all levels of the Traffic Light system, vaccination status will play an integral role in how KMR staff and the Joint Committee are able to undertake their work.

Attachment 1 sets out the Government’s COVID-19 Protection Framework at each colour level, alongside a recommended approach to applying the Framework to KMR activities. This includes a recommended approach to managing Joint Committee meetings in 2022.

Tātari me ngā tūtohu / Analysis and advice

As staff in the Kaipara Maurikura are Northland Regional Council (NRC) employees (or are seconded to the NRC), they will be bound by NRC COVID-19 policies, on which they have had the opportunity to comment. KMR Field Advisors and other contractors working directly for the KMR will be subject to the Northland Regional Council’s policy framework for COVID-19 when finalized.

The proposed approach to KMR activities under each colour in the Traffic Light system (Attachment 1) reflect current NRC COVID-19 policies. Currently, under Red, KMR staff are required to socially distance and wear masks, and either work in the office or work flexibly. Detailed guidance in respect of external meetings, community events and field-based activities is still in development, so at the time of writing, the NRC policy is that meetings with externals are to be held online, with community-facing work to be deferred if possible.

Under all levels of the Traffic Light system, vaccination status will play an integral role in how KMR staff, and the Joint Committee, are able to undertake their work. Under a draft policy now out for consultation, it is expected the NRC will shortly adopt a similar policy to most other councils around New Zealand, mandating vaccination for all employees in public-facing roles by 1 February, following a formal risk assessment process.

We have assessed, although it is not yet confirmed, that most of the 14 Kaipara Maurikura staff are at moderate risk as they are public (community) facing, with the possible exception of the three administratively focused staff. Until the policy settings are finalised, we are unsure of the specific implications of the proposed NRC vaccination policy on the Maurikura staff and/or KMR operations.

Auckland Council has proposed a policy for Elected Members, which requires digital attendance at all Council meetings for unvaccinated Elected Members.

Kaipara Uri partners will also have preferences on how they wish to manage the risks on marae, both in terms of whether or not manuhiri can visit under each Traffic Light setting, but also in respect of vaccination status (i.e., whether or not to apply a vaccination mandate for all visitors). As a general principle, we propose that KMR will respect the most stringent protocols for face-to-face meetings i.e., either the requirements set out in the Traffic Light system, or those developed by Uri partner hosts, whichever is the most stringent.

Other comparable policies and approaches

To provide context for the NRC policies, we set out below summary information on the approach taken by other local councils and Iwi.

Auckland Council

Auckland Council has adopted a vaccination mandate policy for staff. All Auckland Council employees who work in council facilities, offices, or out in the field must be vaccinated by 17 January 2022. In addition, contractors, and volunteers who work in Auckland Council facilities and offices, or who work under council direct control and influence must be vaccinated to undertake this work.

Auckland Council is also considering a COVID-19 vaccine mandate for all Elected members. Elected members who are not vaccinated – or who do not wish to disclose their status – will be asked to work from home while there is still the risk of the virus circulating throughout the community. This will be reviewed every 3 months and align with the Traffic Light system.

Partner Mana Whenua

At this stage, no Kaipara Uri group has a comprehensive COVID-19 policy for all of its marae. It is up to individual marae to choose how and when they open. Some entities do have a COVID-19 policy as it relates to their individual business units. This may change with further definition of COVID-19 settings under the Traffic Light system.

Kaipara District Council

A draft policy is in development for staff working at council-owned venues, with full vaccination likely to be required from anybody using those venues for any purpose.

Recommended approach to KMR activities and Joint Committee meetings

In line with KMR values, we propose two principles to guide application of the Traffic Light system to the KMR programme:

· protecting the health and safety of all those working under the Kaipara Moana Remediation (KMR) banner, while

· honouring our partnership commitments to meet face to face (kanohi ki te kanohi)), as soon as it is safe to do so.

Attachment 1 summarises the Government’s COVID-19 Protection Framework at each Traffic Light level, alongside a recommended approach to applying the Framework to KMR activities in ways that align to the NRC COVID-19 policies.

Attachment 1 also outlines a recommended approach to managing Joint Committee meetings in 2022:

· In Red, all Joint Committee meetings are held online, i.e., remotely.

· In Orange, Joint Committee meetings and workshops may be held in person, at a specified location, should the location accept hosting the meeting. All KMR staff and Joint Committee members must be fully vaccinated to attend in person. Online attendance is required for anyone who is only partly vaccinated, unvaccinated, or whose vaccination status is unclear.

· In Green, all Joint Committee meetings and workshops may be held in person, subject to further clarification of Government rules for the Green Traffic Light setting.

Under Orange and Red Traffic Light settings, vaccination passes will be required for those attending Joint Committee meetings in person.

For all Joint Committee meetings and workshops in 2022, a back-up online meeting option will be provided for, with the Chair and Pou Tātaki able to make a final decision on the meeting or workshop format based on levels of risk at the time.

Considerations

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

Effectively managing risks to the KMR programme, Kaipara Maurikura staff, KMR partners, and the communities with whom we engage, is central to demonstrating the values on which the KMR programme is based.

2. Ngā ritenga take pūtea / Financial implications

There are no foreseeable financial implications, other than reduced travel costs for all online meetings and workshops.

3. Ngā hiranga me ngā hononga / 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 risk of COVID-19 and how we mitigate risks to all those we work with under the KMR banner is significant. There are not only legal obligations in respect of wellbeing, health and safety, but reputational risks from not taking expected care in terms of reducing the risks of an outbreak.

5. Ngā whāinga mō āmuri / Next steps

Kaipara Maurikura staff will set up a calendar of meetings and workshops to implement Joint Committee decisions. This will include identifying possible marae hosts for scheduled Joint Committee meetings, subject to Traffic Light colour settings at the time. We will work with the marae to ensure any confirmed meeting can be undertaken safely for all of those involved.

Ngā tapirihanga / Attachments

Attachment 1: Covid-19 Protocols Operating under Framework Risk Table ⇩

Kaipara Moana Remediation Joint Committee item: 5.4

13 December 2021

TITLE:	Strategic Risk Framework
From:	Justine Daw, Pou Tātaki and John Hutton, Strategic Business Manager, Kaipara Maurikura
Authorised by Group Manager:	Justine Daw, Pou Tātaki, on 08 December 2021

He Rāpopoto hautū / Executive summary

This paper provides a synthesis view of the most important strategic risks for Kaipara Moana Remediation (KMR), current and planned mitigations, and residual risk, for testing with the Kaipara Moana Remediation Joint Committee (Joint Committee). Feedback is sought on the proposed risk types, current and planned mitigations, and associated residual risks, to enable finalisation of the Framework.

Once finalised, the proposed strategic risk framework will inform work programme planning, regular discussion with the Joint Committee and Ministry for the Environment, and guide regular reporting from the Pou Tātaki on any changes to the risk environment and/or necessary mitigations.

Ngā tūtohu / Recommendation(s)

1. That the report ‘Strategic Risk Framework’ by Justine Daw, Pou Tātaki and John Hutton, Strategic Business Manager, Kaipara Maurikura and dated 7 December 2021, be received.

2. Note that the Framework will guide regular risk assessment, management, and reporting, and inform a detailed Risk Register to be included in the Kaipara Moana Remediation Year 3 Annual Work Plan for 2022-2023.

Horopaki / Context

Each year, the KMR Annual Work Plan includes a Risk Register, outlining risks to the work programme and mitigations that the programme will take. The Year 2 Work Plan, approved by the Joint Committee on 25 June 2021 (ID A1450792), includes a comprehensive risk register and associated mitigations. The Work Plan facilitates regular discussions on risk with both the Joint Committee and the Ministry for the Environment, as Crown funder and contracting party for KMR.

At the Joint Committee workshop on 18 October 2021, the Joint Committee provided early comment on refreshed programme risks for KMR, building on earlier work at the 16 August 2021 workshop.

Discussions to date with the Joint Committee on KMR programme risks have confirmed that:

• The Joint Committee as a whole ‘owns’ Strategic Risk

• Strategic Risk will be a standard agenda item for future KMR Joint Committee workshops, to ensure the Joint Committee can engage on programme risks and provide guidance to staff

• The Pou Tātaki, Joint Committee Chair and Deputy Chair can discuss risk in regular pre-agenda meetings, as well as urgently, if required

• The Pou Tātaki is the risk lead at an operational level, and will clarify specific Risk Owners among Kaipara Maurikura staff

• The Year 3 Annual Work Plan requires an updated Risk Register (due June 2022)

Tātari me ngā tūtohu / Analysis and advice

Attachment 1 sets out a draft Strategic Risk Framework (the Framework) for the KMR programme. The Framework is intended to provide a high-level, synthesis view of the main strategic risks for the programme, current and planned mitigations, and an assessment of residual risk. More technical and lower-impact operational risks are captured in a more detailed programme Risk Register, and will be managed by the Kaipara Maurikura, with escalation to the Joint Committee if residual risk levels increase and/or cannot be managed via available mitigations.

Once finalised, the Strategic Risk Framework will guide regular discussions on risk assessment, management and reporting to the Joint Committee and the Ministry for the Environment. The Framework will also inform a formal Risk Register to be included in the Annual Work Plan for 2022-23, which is to be discussed by the Joint Committee at the March 2022 workshop. The draft Work Plan will be tabled to the Joint Committee meeting in April 2022 for review, and approval to release to the Ministry for the Environment.

Attachment 2 (Risk Assessment Matrix and Strategic Risk Ratings (Residual)) provides a summary of the assessment of residual risks for each strategic risk.

Delivery risks. As set out in Attachment 1, only one strategic risk is assessed as ‘High’ in terms of residual risk. This is risk SR5 (COVID-19 delays continue to affect KMR engagement and delivery), a Reputational Risk relating to KMR delivery does not meet expectations.

Unfortunately, KMR is not alone in facing risk from COVID-19 impacts. Indeed, there is widespread evidence of programme delivery delays across sectors, both in New Zealand and globally due to supply chain disruptions, labour shortages, lockdowns, workplace spacing restrictions, gathering limits, the impacts of the pandemic on wellbeing, and changing societal attitudes to attending community events. Additionally, there is a high degree of uncertainty in terms of assessing future impacts of COVID-19 on programme delivery, including due to the emergence of new variants of concern (e.g., Omicron).

We would therefore welcome Joint Committee discussion of whether the SR5 risk ratings appears to be fair, whether there are other mitigations the KMR programme might wish to consider in addition to those listed, and the Joint Committee’s risk appetite in relation to this risk type (delivery does not meet expectations) more generally.

Considerations

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

2. Ngā ritenga take pūtea / Financial implications

By definition, the Strategic Risk Framework will provide early input into budget-setting for the 2022-2023 financial year through the Year 3 Annual Work Plan. It may also drive greater investment than planned under the current year budget, should any strategic risks require additional investment. In this event, any material financial implications will be brought early to the Joint Committee for discussion and decision.

The identified strategic risks relating to delivery delays (see Attachment 1, risks SR4 and SR5) may continue to affect the KMR programme’s delivery against budget. Delays to grant funding for landowners, and associated programme expenditure, may continue to drive underspend compared to budget and may require a second year of carry-over of funding from this financial year into next financial year. We will continue to closely monitor the KMR budget position and report on this regularly to the Joint Committee and the Ministry for the Environment. To date, discussions with the Ministry for the Environment have not signalled any undue concern with the level of COVID-19 impacts on the programme delivery and associated budget position.

3. Ngā hiranga me ngā hononga / Significance and Engagement

4. Ngā tūraru me ngā mauru / Risks and mitigation

The proposed Framework demonstrates a consistent approach to identifying and managing significant programme risks and mitigating them, as well as ensuring regular dialogue on risks with both the Joint Committee and Ministry for the Environment.

5. Ngā whāinga mō āmuri / Next steps

It is proposed to discuss strategic risks regularly with the Joint Committee via the scheduled workshop sessions in 2022, as well as through the bi-monthly Pou Tātaki report in respect of any material changes to the risk environment and or any necessary new mitigations. The Pou Tātaki will also engage regularly with the Chair and Deputy Chair, as needed, on new or changing strategic risks.

Ngā tapirihanga / Attachments

Attachment 1: Proposed Strategic Risk Framework (November 2021) ⇩

[1] This joint committee operating under the Local Government Act 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.

[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.

[3] This joint committee operating under the Local Government Act 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 - 15 November 2021
From:	Sandra Harris, Administrator Kaipara Maurikura
Authorised by Group Manager/s:	Justine Daw, Pou Tātaki, on 08 December 2021