Change 5 is now operative.
Decision on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement
Bay of Plenty Regional Council has made its decision to accept the recommendations made by the Freshwater Hearings Panel on Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement. From Thursday 11 May 2023, the change is amended in accordance with that decision.
Decision documents
- Proposed Change 5 (Kaituna River) - Freshwater Hearing Panel recommendation report March 2023
- Proposed Change 5 (Kaituna River) - FHP report Appendix 1 Panel recommendations redline version
- Proposed Change 5 (Kaituna River) - FHP report Appendix 2 Panel recommendations on submissions and further submissions
- Proposed Change 5 (Kaituna River) - Redline amendment version 8.0
- Proposed Change 5 (Kaituna River) - Public notice 11 May 2023
- Proposed Change 5 (Kaituna River) - Summary of Regional Council decision
Hearing of submissions and further submissions
The hearing was held at the Pāpāmoa Community Centre, 15 Gravatt Road, Papamoa Beach, Papamoa on Tuesday 11th October 2022.
Staff recommendations
- Proposed Change 5 (Kaituna River) - Overview Report on Submissions
- Proposed Change 5 (Kaituna River) - Submissions and Further Submissions with Staff Recommendations Report
- Redline Amendment Version 5.0 of Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement
- Proposed Change 5 (Kaituna River) to the Bay of Plenty Regional Policy Statement: Section 32AA evaluation of changes
Hearing documents
- Proposed Change 5 Hearing Schedule
- Proposed Change 5 (Kaituna River) Minute 1
- Proposed Change 5 (Kaituna River) Minute 2
- Proposed Change 5 (Kaituna River) Minute 3
- Proposed Change 5 (Kaituna River) Minute 4
- Proposed Change 5 (Kaituna River) Minute 5
- For Statements of Evidence and Rebuttal please see the drop down boxes further down this page.
This is an indicative timeline for Proposed Change 5 (Kaituna River) – Freshwater Planning Process.
Updates will be provided for Proposed Change 5 (Kaituna River) on this webpage.
Watch a recording of the Hearing from 11th October 2022.
What is Proposed Change 5 (Kaituna River)?
Kaituna He Taonga Tuku Iho – A Treasure Handed Down (The Kaituna River Document) was a requirement of the Tapuika Claims Settlement Act 2014. The Kaituna River Document was prepared by Te Maru o Kaituna River Authority, a co-governance entity of iwi and council representatives.
The Kaituna River Document’s purpose is to promote the restoration, protection and enhancement of the environmental, cultural, and spiritual well-being of the Kaituna River and its tributaries. This document was prepared in consultation with iwi, hapū and the wider community.
The Bay of Plenty Regional Policy Statement (RPS) must recognise and provide for the vision, objectives and desired outcomes of the Kaituna River Document to the extent that contents relate to resource management issues and, it is the most appropriate way to achieve the purpose of the Resource Management Act 1991 (RMA) for the Kaituna River.
Proposed Change 5 (Kaituna River) has been prepared under the RMA. It will be the second co-governance change to be included in the RPS and is specific to the Kaituna River and its tributaries.
The proposed change relates to freshwater so it must follow a new Freshwater Planning Process which is overseen by the Chief Freshwater Commissioner.
NOTE: Proposed Change 5 (Kaituna River) does not seek to implement the National Policy Statement for Freshwater Management 2020 (NPS-FM). Regional Council has a specific and overarching programme for NPS-FM implementation, this being the Essential Freshwater Policy Programme. This programme includes engagement with the community and tangata whenua. Region wide NPS-FM implementation will be delivered through RPS and regional plan changes which will be notified in July 2024.
Joint Witness Statement for Proposed Change 5 (Kaituna River)
Evidence in Chief and Statements
- Evidence for Western Bay of Plenty District Council
- Evidence for BOPRC Rivers and Drainage
- Evidence for Horticulture NZ PC5 Simon Greening
- Evidence for Horticulture NZPC5 Blair Thornburrow
- Evidence for HortNZ Hearing Change 5 Evidence
- Evidence Taheke 8C Appendix 1, Peter Mason evidence, Taheke land blocks and map
- Evidence Taheke 8C Appendix 2, Peter Mason evidence, Taheke 8C Development Plan Final
- Evidence Taheke 8C Appendix 3, Peter Mason evidence, NIWA Taheke GDP ecological effects 2020 final
- Evidence Taheke 8C Appendix 4, Peter Mason evidence, Coroner's report
- Evidence Taheke 8C Appendix 5, Peter Mason evidence, Harbour Master's direction
- Statement Taheke 8C of Evidence of Peter Mason, 15 September 2022
- Statement Taheke 8C of Evidence of Tawhiri Morehu, 15 September 2022
- Evidence for Federated Farmers NZ - 220921 Hearing Statement for FFNZ
- Evidence for Taheke 8C of Evidence of Greg Carlyon, 21 September 2022
- Statement for Z Energy & Oil Companies Hearing Statement on Proposed Change 5
- FS01 Royal Forest and Bird Protection Society
- FS02 Bay of Plenty Regional Council – Rivers and Drainage
- FS03 Horticulture New Zealand
- FS04 Western Bay of Plenty District Council
- FS05 Tauranga City Council
- FS06 Eastland Generation Limited
- FS07 Bay of Plenty Federated Farmers and Rotorua/Taupō Federated Farmers
- FS08 The Proprietors of Taheke 8C & Adjoining Blocks Incorporation
Summary of Decisions Requested
Copies of individual submissions by submitter number
- 01 Department of Conservation
- 02 Eastland Generation Limited
- 03 Carrus Corporation Limited
- 04 Western Bay of Plenty District Council
- 05 Heritage New Zealand Pouhere Taonga
- 06 AFFCO New Zealand Limited, Rangiuru Plant
- 07 Te Tumu Landowners Group
- 08 Horticulture New Zealand
- 09 The Proprietors of Taheke 8C & Adjoining Blocks Incorporation
- 10 Z Energy Limited & BP Oils New Zealand Limited
- 12 Te Arawa Lakes Trust
- 13 Bay of Plenty Federated Farmers and Rotorua/Taupō Federated Farmers
- 14 Royal Forest and Bird Protection Society of NZ
- 15 Te Maru o Kaituna River Authority
Proposed Change 5 (Kaituna River) notification
- Download Proposed Change 5 (Kaituna River) to the RPS
- Go to the ePlan version of Proposed Change 5 (Kaituna River)
- View a Summary of Proposed Change 5
- View an Introduction to the Freshwater Planning Process
- View the Section 32 evaluation report
- Go to the Public notice
E ora ana te mauri o te Kaituna, e tiakina ana hoki mō ngā whakatupuranga ō nāianei, ō muri nei hoki
The Kaituna River is in a healthy state and protected for current and future generations.
The Kaituna River and its tributaries are considered taonga (treasures) by both iwi and the community, and are valued resources for the Bay of Plenty.
The Kaituna River Document: Kaituna, he taonga tuku iho – a treasure handed down is an outcome of the Tapuika Claims Settlement Act 2014. This is a summary of the Kaituna River Document.
The Te Tini a Tuna - Kaituna Action Plan outlines what will be done over the next ten years to deliver on the vision, objectives and outcomes of the Kaituna River Document.
Draft Change 5 (Kaituna River)
The Kaituna River Document took effect from 1 August 2018 following consultation with the community, hapū and iwi.
Since 2019, Regional Council staff members have been working on developing Proposed Change 5 (Kaituna River). A draft version of the proposed change was open for public comment from 18 August to 16 October 2020. Twelve comments were received and the proposed change was updated in response to the feedback received.
Comments received:
- NZ Kiwifruit Growers Incorporated
- Freda Woisin
- Royal Forest and Bird Protection Society Inc
- Transpower New Zealand Limited
- Tauranga City Council
- Eastland Generation Limited
- Western Bay of Plenty District Council
- Te Tumu Landowners Group
- Rotorua Lakes Council
- Horticulture New Zealand
- Bay of Plenty Federated Farmers and Rotorua/Taupō Federated Farmers
- The Proprietors of Taheke 8C and Adjoining Blocks (Inc)
The freshwater planning process provisions are set out in Section 80A and Part 4 of Schedule 1 to the Resource Management Act 1991. This planning process is overseen by the Chief Freshwater Commissioner Professor Peter Skelton who has been appointed by the Minister for the Environment.
Regional councils are required to use this planning process to implement changes required by the National Policy Statement for Freshwater Management 2020 (NPS-FM) and for any change to a regional plan or regional policy statement if it ‘otherwise relates to freshwater’. Proposed Change 5 (Kaituna River) ‘relates to freshwater’ so it must follow this process.
More information on the Freshwater Planning Process can be found on the Chief Freshwater Commissioner’s website.
Key contact
For more information on Proposed Change 5 (Kaituna River) please email Sharlene Pardy, Team Leader Policy (Environmental).