Agenda of Hauraki Gulf Forum - Monday, 22 March 2021

I hereby give notice that an ordinary meeting of the Hauraki Gulf Forum will be held on:

Date:

Time:

Meeting Room:

Venue:

Monday, 22 March 2021

1.00pm

Silver Fern Farms Events Centre
44 Stanley Street
Te Aroha

Hauraki Gulf Forum

OPEN AGENDA

MEMBERSHIP

Co-chairperson	Cr Pippa Coom	Auckland Council
Co-chairperson Tangata Whenua	Ms Nicola MacDonald	Tangata Whenua
Members	Cr Donna Arnold	Matamata-Piako District Council
	Ms Charmaine Bailie	Tangata Whenua
	Mr Andrew Baucke	Department of Conservation
	Cr Phillip Buckthought	Hauraki District Council
	Mr Joe Davis	Tangata Whenua
	Cr Christine Fletcher	Auckland Council
	Mayor Sandra Goudie	Thames-Coromandel District Council
	Ms Cath Handley	Waiheke Local Board (Auckland Council)
	Mr Terrence Hohneck	Tangata Whenua
	Mr Jacob Hore	Ministry for Primary Industries
	Mr Paul Majurey	Tangata Whenua
	Mr Martin Mariassouce	Te Puni Kōkiri
	Cr Rob McGuire	Waikato District Council
	Mr Scott Milne	Orakei Local Board (Auckland Council)
	Mr Dean Ogilvie	Tangata Whenua
	Cr Denis Tegg	Waikato Regional Council
	Ms Valmaine Toki	Aotea / Great Barrier Local Board (Auckland Council)
	Cr Wayne Walker	Auckland Council
	Cr John Watson	Auckland Council

(Quorum 11 members)

Mike Giddey

Kaitohutohu Mana Whakahaere / Governance Advisor

16 March 2021

Contact Telephone: 027 221 7183

Email: mike.giddey@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Selected extracts from the Hauraki Gulf Marine Park Act 2000

3 Purpose

The purpose of this Act is to—

(a) integrate the management of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:

(b) establish the Hauraki Gulf Marine Park:

(d) recognise the historic, traditional, cultural, and spiritual relationship of the tangata whenua with the Hauraki Gulf and its islands:

(e) establish the Hauraki Gulf Forum.

Part 1 Management of Hauraki Gulf

7 Recognition of national significance of Hauraki Gulf

(1) The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.

(2) The life-supporting capacity of the environment of the Gulf and its islands includes the capacity—

(a) to provide for—

(i) the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and

(ii) the social, economic, recreational, and cultural well-being of people and communities:

(b) to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:

8 Management of Hauraki Gulf

To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are—

(a) the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:

(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:

(c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:

(d) the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:

(e) the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:

(f) the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.

Part 2 Hauraki Gulf Forum

15 Purposes of Forum

The Forum has the following purposes:

(a) to integrate the management and, where appropriate, to promote the conservation and management in a sustainable manner, of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, for the benefit and enjoyment of the people and communities of the Gulf and New Zealand:

(b) to facilitate communication, co-operation, and co-ordination on matters relating to the statutory functions of the constituent parties in relation to the Hauraki Gulf, its islands, and catchments, and the Forum:

(c) to recognise the historic, traditional, cultural, and spiritual relationship of tangata whenua with the Hauraki Gulf, its islands, and, where appropriate, its catchments.

16 Establishment of Forum

(1) A body called the Hauraki Gulf Forum is established.

(2) The Forum consists of the following representatives:

(a) 1 representative appointed by the Minister:

(b) 1 representative appointed by the Minister of Fisheries:

(ca) 7 representatives appointed by the Auckland Council:

(d) 1 representative appointed by each of the following local authorities:

…(iv) Hauraki District Council:

…(vi) Matamata-Piako District Council:

…(ix) Thames-Coromandel District Council:

…(x) Waikato District Council:

…(xi) Waikato Regional Council:

(e) 6 representatives of the tangata whenua of the Hauraki Gulf and its islands appointed by the Minister, after consultation with the tangata whenua and the Minister of Maori Affairs.

(2A) The representatives appointed in accordance with subsection (2)(ca) must—

(a) be members of—

(i) the Auckland Council; or

(ii) a local board of the Auckland Council elected in accordance with the Local Electoral Act 2001; and

(b) include 1 member of each of the Great Barrier Island and Waiheke Island local boards.

(3) The representatives appointed in accordance with subsection (2)(d) or (5) must be members of the local authority elected in accordance with the Local Electoral Act 2001.

17 Functions of Forum

(1) To promote sections 7 and 8, the Forum has the following functions in relation to the Hauraki Gulf, its islands, and catchments:

(a) to prepare a list of strategic issues, determine a priority for action on each issue, and regularly review that list:

(b) to facilitate and encourage co-ordinated financial planning, where possible, by the constituent parties:

(d) to receive reports on the completion and implementation of deeds of recognition:

(e) to require and receive reports from constituent parties on the development and implementation of policies and strategies to address the issues identified under paragraph (a):

(f) to receive reports from the tangata whenua of the Hauraki Gulf on the development and implementation of iwi management or development plans:

(g) to prepare and publish, once every 3 years, a report on the state of the environment in the Hauraki Gulf, including information on progress towards integrated management and responses to the issues identified in accordance with paragraph (a):

(h) to promote and advocate the integrated management and, where appropriate, the sustainable management of the Hauraki Gulf, its islands, and catchments:

(i) to encourage, share, co-ordinate where appropriate, and disseminate educational and promotional material:

(j) to liaise with, and receive reports from, persons and groups having an interest in the Hauraki Gulf and business and community interests to promote an interest in the purposes of the Forum:

(k) to commission research into matters relating to the functions of the Forum.

(2) When carrying out its functions under subsection (1), the Forum must have particular regard to the historic, traditional, cultural, and spiritual relationship of tangata whenua with the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments.

18 Powers of Forum

(1) The Forum has the powers that are reasonably necessary to carry out its functions.

(2) The Forum’s powers include the powers—

(a) to consider issues related to its purpose; and

(b) to receive reports from constituent parties; and

(d) to advise any person who requests the Forum’s advice; and

(e) to commission or undertake those activities that are necessary to achieve its purpose.

(3) The Forum must not—

(a) appear before a court or tribunal other than as a witness if called by a party to proceedings; or

(b) take part in a decision-making process under any enactment other than to advise when requested to do so.

Hauraki Gulf Forum

22 March 2021

Karakia

Mihi Whakatau

ITEM TABLE OF CONTENTS PAGE

1 Apologies 7

2 Declaration of Interest 7

3 Confirmation of Minutes 7

4 Public Forum 7

4.1 Public Forum - Water Quality Issues in the Hauraki catchment 7

4.2 Public Forum - Mōtiti Decisions and Kaitiakitanga 7

4.3 Public Forum - Blue carbon 8

5 Extraordinary Business 8

6 Co-Chairs' Report 9

7 Update on Marine Protection and Shellfish Restoration 27

8 Executive Officer's Report 51

9 Any Other Business 59

10 Consideration of Extraordinary Items

Karakia

1 Apologies

At the close of the agenda no apologies had been received.

2 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

At the close of the agenda no requests for declarations of interest had been received.

3 Confirmation of Minutes

That the Hauraki Gulf Forum:

a) confirm the ordinary minutes of its meeting, held on Monday, 30 November 2020, as a true and correct record.

4 Public Forum

4.1 Public Forum - Water Quality Issues in the Hauraki catchment

Te take mō te pūrongo

Purpose of the report

1. Tau Ngaruhe and Lynette Hoey will present on water quality issues in the Hauraki catchment.

Ngā tūtohunga

Recommendation/s

That the Hauraki Gulf Forum:

a) thank Tau Ngaruhe and Lynette Hoey for their presentation.

4.2 Public Forum - Mōtiti Decisions and Kaitiakitanga

Te take mō te pūrongo

Purpose of the report

1. Te Atarangi Sayers and Ruby Haazen will present on Mōtiti decisions and kaitiakitanga.

Ngā tūtohunga

Recommendation/s

That the Hauraki Gulf Forum:

a) thank Te Atarangi Sayers and Ruby Haazen for their presentation.

4.3 Public Forum - Blue carbon

Te take mō te pūrongo

Purpose of the report

1. Michael Townsend, Team Leader, Coastal and Marine, Science and Strategy, Waikato Regional Council will present on blue carbon.

Ngā tūtohunga

Recommendation/s

That the Hauraki Gulf Forum:

a) thank Michael Townsend for his presentation.

5 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

Hauraki Gulf Forum

22 March 2021

Co-Chairs' Report

File No.: CP2021/02132

Te take mō te pūrongo

Purpose of the report

1. To provide an update from the Co-Chairs.

Whakarāpopototanga matua

Executive summary

2. Key actions since last meeting:

- Attended laying of Waiheke rāhui by Ngāti Paoa

- Visited Hauturu-ō-Toi with Mayor Phil Goff and Auckland Councillors

- Filming for TVNZ Sunday’s episode on the State of the Gulf

- TVNZ Breakfast appearance

- Signed partnership with Sustainable Business Network

- Met with former Minister of Conservation and now Chair of Parliament’s Environment Select Committee Eugenie Sage

- Met with Waikato Regional Council Chair, CEO and Strategy Director to take forward the Forum’s resolution on cross-regional biosecurity

3. If 2020 was the year to lay the foundation – our adoption of co-governance leadership, our briefing to the incoming government, our clear big goals for the Hauraki Gulf – 2021 is the year for action: and there has been a lot of action already this year.

4. Most significant has been action by mana whenua. Over summer two new rāhui were laid down. The first by Ngāti Hei beginning with Ōpito Bay in the Eastern Coromandel, and second by Ngāti Paoa around Waiheke. Those two rāhui, and the subsequent applications to MPI for formal fishery closures, will be a focus for our meeting today and we are grateful that Rangatira from both iwi are in attendance to share their kaupapa with us, together with community leaders that have been there to support them as the rāhui were put in place.

5. Ngāti Hei and Ngāti Paoa were not the only ones taking action and writing to the Ministers over summer. Auckland Mayor Phil Goff also entered into a dialogue with the Ministers of Oceans and Fisheries, and Conservation, following his visit to Hauturu-ō-Toi during which he witnessed the extensive kina barrens around that island. Mayor Goff urged Ministers to act without delay to bring in greater protection for Auckland’s half of the Marine Park:

- see letter from Mayor Phil Goff to Minister Allan at Attachment A (the same letter was also sent to Minister Parker); and

- see letter in reply from Minister Allan at Attachment B.

6. We also urged the Mayor to do more to prevent Auckland’s land-based impacts on the Marine Park, from sediment to plastic pollution.

7. In addition, we wrote to all three of our Ministers at the start of the year to welcome them to the roles and invite them to either attend one of our upcoming hui or make a separate time to meet with us (see Attachment C). Minister Parker has taken up that invitation and as Co-Chairs we will meet with him later this month.

8. Regarding Auckland’s Navigation Safety Bylaw review, we submitted on it to encourage retention of the current 12kt speed limit in the inner-Waitematā harbour rather than the proposed 18kts, due to increased risk of strikes on cetaceans (see Attachment D).

9. We also sent a follow-up letter to Auckland Council conveying increasing concerns we have been receiving about sand extraction consents for Pakiri / Mangawhai. See Attachment E.

10. We have been doing a lot of media over the past few months, from community papers to breakfast and prime-time TV (see TVNZ Sunday piece here: https://www.tvnz.co.nz/shows/sunday/clips/troubled-waters). Public interest in the plight of the Marine Park was already high but the presence of the America’s Cup has driven that higher still. In all our media engagements our aim is to bring people together around the Forum’s goals for the Marine Park, and to encourage action that will help restore the mauri of the moana.

11. Finally, this morning over in Kirikiriroa Hamilton we met with the Waikato Regional Council to take forward the Forum’s resolution at our last hui: that we encourage WRC to consider adopting similarly tough measures and penalties as Auckland Council has adopted, to deter and where necessary take action against operators or individuals that take pests to our pest-free islands.

12. Turning to the meeting before us, it is wonderful to be here today in Te Aroha and we are grateful to Matamata-Piako District Council for being so welcoming and flexible after COVID restrictions twice forced the cancellation of our visit here in 2020.

13. Looking ahead, we are very much looking forward to our hour with the Minister of Oceans and Fisheries on 30 March. Top of the agenda is the government’s forthcoming response strategy for Sea Change Tai Timu Tai Pari. Sea Change kicked off in 2013, concluded in 2016, and was picked up by the previous government when it took office in 2017. We are confident that 2021 will be the year in which it is finally implemented at central government level.

A picture containing person, sky, outdoor, people

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(Ngāti Paoa and supporters at dawn on 30 January 2021)

A group of people standing by a body of water

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(Ngāti Hei Chair Joe Davis addresses the local community at Ōpito Bay)

A group of people standing in a field

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(Ngāti Manuhiri and Ngāti Rēhua welcome the Auckland Mayor and Councillors to Hauturu-ō-Toi)

A picture containing grass, outdoor, tree, sky

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(Filming for TVNZ Sunday)

A group of women smiling

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(Signature of the Forum’s strategic partnership with Sustainable Business Network)

Ngā tūtohunga

Recommendation/s

That the Hauraki Gulf Forum:

a) note the report.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Letter from Phil Goff to Kiri Allan	15
b ⇩	Letter from Kiri Allan to Phil Goff	17
c ⇩	Letter to Ministers from Co-Chairs	19
d ⇩	Input on Auckland Navigation Safety Bylaw Review	21
e ⇩	Follow-up letter to Auckland Council re Pakiri sand extraction consents	23

Ngā kaihaina

Signatories

Authors

Cr Pippa Coom – Co-Chairperson

Ms Nicola MacDonald – Co-Chairperson Tangata Whenua

Hauraki Gulf Forum

22 March 2021

Update on Marine Protection and Shellfish Restoration

File No.: CP2021/02133

Te take mō te pūrongo

Purpose of the report

1. To provide an update on two of the Forum’s goals: (i) at least 30% marine protection and (ii) restoration of 1000sqkm of shellfish beds and reefs.

2. To reaffirm the Forum’s position on fishing methods which damage the seafloor.

Whakarāpopototanga matua

Executive summary

3. The start of 2021 has delivered positive movement in respect of the Forum’s goals on marine protection and shellfish restoration. But it has also underlined that there is little point restoring shellfish beds if those new beds are going to be dredged the minute they are laid down. Protection and restoration must go hand in hand.

Marine Protection

a) Waiheke rāhui

4. Herearoha Skipper (Trustee, Ngāti Paoa Iwi Trust) will present on the rāhui and subsequent s186a fishery closure request. See Attachment A, B and C.

5. Cath Handley (Chair, Waiheke Local Board) will present on the Local Board’s actions in support of the rāhui. See Attachment D, E, F and G.

6. The s186a fishery closure consultation period closes 22 March 2021. A draft letter from the Forum, consistent with past letters in support of rāhui by Ngāi Tai ki Tāmaki, and Ngāti Tamaterā, is provided at Attachment H for approval.

7. See also a letter from the Mayor of Auckland to the Minister expressing support for the rāhui at Attachment I.

b) Ngāti Hei rāhui

8. Joe Davis (Chair, Ngāti Hei) will present on the rāhui and subsequent s186a fishery closure request.

9. Sam Woolford (Legasea Lead) will present on the community’s actions in support of the rāhui.

Shellfish Restoration

10. Peter Miles (Program Director, Revive Our Gulf) and Peter Van Kampen (Shellfish Restoration Coordinator, The Nature Conservancy) will present on the successful consent application and the restoration effort ahead.

11. In addition, The Nature Conservancy and Foundation North recently launched a $6m Shellfish Restoration Challenge Fund to supercharge this work. There is now real momentum building. But that investment must be protected. (See more here: https://www.youtube.com/watch?v=95qGahPbuqc)

Benthic-damaging Fishing Methods

12. Last year, in agreeing its 2020-2022 Work Plan, the Forum took a clear position on fishing methods that damage the benthic (seafloor) environment: they have no place in a Marine Park. It is fine to gather kaimoana such as scallops or mussels by hand in non-protected areas to feed your whānau. It is not fine to dredge the seafloor of the Marine Park to get those same shellfish. Not only is the Forum clear on this, but communities around the Marine Park increasingly appear to have had enough.

13. Given that (i) all recent rāhui are designed to protect one or more shellfish, (ii) shellfish restoration efforts are about to kick into high gear, (iii) the Forum has an established position against seafloor damaging fishing methods, and (iv) recent social changes and community action on this issue – it is recommended that the Forum take this opportunity to reaffirm its position, and support efforts to remove these fishing methods from the Marine Park.

Ngā tūtohunga

Recommendation/s

That the Hauraki Gulf Forum:

a) thank Herearoha Skipper and Cath Handley for their presentations on the Waiheke rāhui

b) agree to submit Attachment H to MPI in full support of the s186a application from Ngāti Paoa

c) thank Joe Davis and Sam Woolford for their presentations on the Ngāti Hei rāhui

d) encourage MPI to put the s186a application from Ngāti Hei out for consultation

e) thank Peter Miles and Peter Van Kampen for their joint presentation on the shellfish restoration consent and future restoration work

f) reaffirm the Forum’s position that fishing methods which damage the seafloor should be removed from the Marine Park.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Panui on Waiheke Rahui	29
b ⇩	Proposal to MPI for Waiheke closure	31
c ⇩	Map for proposed Waiheke Closure	35
d ⇩	Waiheke Local Board - Notice of Motion - Waiheke Rahui	37
e ⇩	Waiheke Local Board - Notice of Motion - Hauraki Gulf Protection	39
f ⇩	Waiheke Local Board - Letter to David Parker	41
g ⇩	Waiheke Local Board - Letter from David Parker	43
h ⇩	Draft letter to MPI in support of Ngati Paoa fishery closure request	45
i ⇩	Letter from Auckland Mayor to Minister in support of Ngati Paoa rahui	47

Ngā kaihaina

Signatories

Author	Alex Rogers - Executive Officer Hauraki Gulf Forum
Authoriser	Jacques Victor – General Manager Auckland Plan Strategy and Research

Hauraki Gulf Forum

22 March 2021

Executive Officer's Report

File No.: CP2021/02138

Te take mō te pūrongo

Purpose of the report

1. To provide an update from the Executive Officer.

Whakarāpopototanga matua

Executive summary

2. The climax of the 36^th America’s Cup on the waters of Tīkapa Moana, Te Moananui-ā-Toi, has delivered the highest profile period for the Hauraki Gulf in some time. This has been positive for getting our messages out and advocating for change in line with the Forum’s goals. But it has also been difficult, because the more public progress you make the more those who oppose change, or elements of it, seek to retain the status quo.

3. My hope is that we are now at the precipice of a better future for the Hauraki Gulf. Recent rāhui by mana whenua, and community action, has started the ball rolling this year. And we now have a public signal from central government that it is willing to press ahead with the Government Response Strategy to Sea Change Tai Timu Tai Pari, and join the two regional councils already on that journey. Sea Change was and still is a compromise. It completely pleases almost no one. Some argue it is too little too late. Some say it goes too far. Others lament that it misses some key issues. But that is the nature of compromise and the price of progress. A lot of people have worked long and hard on Sea Change, and responding to it, to get us to this inflection point today.

4. Over the past few months, I have continued to try to bring all sides together around that most central of aspirations: a more abundant Gulf. We all want that, whether we see that as the restoration of mauri, the return of big fish and lost shellfish species, beaches our kids can swim at every day of the year, or the rebuilding of what was once one of the world’s great ecosystems.

5. What has been heartening to see is how many people, on all sides, are now willing to take measures to help achieve this. The social dynamic in respect of the Marine Park has changed and changed fast. More people than ever know about the Marine Park, care about its state, and understand the problems. What might have once been a finely balanced dynamic around major change is now overwhelmingly in favour of big action.

6. That does not mean that what lies ahead will be easy, or straight forward. But it does appear that the conditions are now ripe for moving a long way towards the Forum’s big goals for the Marine Park.

Communications Update

7. In addition to the excellent high-profile media work by our Co-Chairs, we have also this year:

- Launched the Hauraki Gulf Kōrero Podcast (https://open.spotify.com/episode/1sXUVasde1xDQyvyKa3Kaf)

- Reskinned and relaunched the Gulf Journal website (https://gulfjournal.org.nz/)

- Continued our social media strategy, with increased engagement and following (https://www.facebook.com/haurakigulfforum)

Ship Speed Update

8. Please find attached (Attachment A) the latest ship speed data for Q4 2020 from the Ports of Auckland. Ship speeds continue to hover around the target of 10kts and we remain grateful to all sides for their efforts in this regard. It is now estimated that 15 Bryde’s whales are still with us today thanks to the ship speed protocol. Look out for a podcast episode on this in the months ahead.

Strategic Partner Update

9. The Sustainable Business Network, with whom we inked a Strategic Partnership late last year, have continue to go from strength to strength with their riparian planting programme for the Hauraki Gulf catchment. Their successful Jobs for Nature funding bids have resulted in an impressive 20.7FTE jobs growth for the Hauraki Gulf catchment, with already over 8000 trees and 2000m of new riparian planting completed. See Attachment B for more detail.

Financial Update

10. Please see Attachment C for the Forum’s half-year financials. Spending continues within budget. Communications spending is starting to come through more strongly in this current quarter and into the final quarter ahead, and is expected to run just below budget across the full year.

11. At our 24 May hui I will be presenting a recommended budget for the 2021/2022 financial year.

Forward Planning

12. From here in Te Aroha we head to:

- Waiheke on 24 May

- Auckland (venue TBC) on 23 August, and

- Ngāruawāhia on 30 November to round out the year.

13. Many thanks to those members for stepping up to host those hui.

Ngā tūtohunga

Recommendation/s

That the Hauraki Gulf Forum:

a) note the report.

Ngā tāpirihanga