OIAD-253
John Luke
[FYI request #19002 email]
Dear John Luke
Thank you for your email of 29 March 2022 requesting the following under the Official
Information Act 1982 (the Act):
I have made the request reference OIAD-228. May I kindly ask some follow up questions,
based on your response. In your reply, Below is a list of future openings in 2022 in
response to your request:
•
Environmental Protection Authority
•
Climate Change Commission
•
Nominating Committee
•
Fiordland Marine Guardians
May I ask you to send me the term of reference (job descriptions) of Nominating
Committee and Fiordland Marine Guardians. It's current member and their term of
appointments. Also, the full meeting minutes for these two entities since January 2021 to
now.
The Ministry for the Environment has identified nine documents in scope of your request, as
listed in the attached document schedule. One document has been withheld in full under
section 9(2)(g)(i) of the Act, to maintain the effective conduct of public affairs through
the free and frank expression of opinions by or between or to Ministers of the Crown or
members of an organisation or officers and employees of any public service agency or
organisation in the course of their duty.
We are refusing the request for meeting minutes for the Climate Change Nominating
Committee under section 18(e) of the Act as the document alleged to contain the information
requested does not exist.
In terms of section 9(1) of the Act, I am satisfied that, in the circumstances, the withholding
of this information is not outweighed by other considerations that render it desirable to make
the information available in the public interest.
You have the right to seek an investigation and review by the Office of the Ombudsman of
my decision to withhold information relating to this request, in accordance with section 28(3)
of the Act. The relevant details can be found on their website at:
www.ombudsman.parliament.nz.
Please note that due to the public interest in our work the Ministry for the Environment
publishes responses to requests for official information on our
OIA responses page shortly
after the response has been sent. If you have any queries about this, please feel free to
contact our Ministerial Services team:
[email address].
Yours sincerely
Katie Mathison
Director – Partnerships and Customers
Document schedule
Document
Document
Content
Decisions
OIA sections applied
no.
date
1.
Role
Released in
-
description for full
members of
Fiordland
Marine
Guardians
2.
Membership
Released in
-
of FMG from
full
1 July 2021
3.
23 February Minutes from
Released in
-
2021
23 February
full
2021 FMG
meeting
4.
5 May 2021
Minutes from
Released in
-
5 May 2021
full
FMG meeting
5.
9 August
Minutes from
Released in
-
2021
9 August
full
2021 FMG
meeting
6.
10
Minutes from
Released in
-
November
10 November
full
2021
2021 FMG
meeting
7.
Nominating
Released in
-
Committee for full
the Climate
Change
Commission
8.
Nominating
Released in
-
Committee
full
Member
Position
Specification
9.
24 February Minutes from
Withheld in
S 9(2)(g)(i) – to maintain the
2022
24 February
full
effective conduct of public
2022 FMG
affairs through
meeting
the free and frank expression
of opinions by or between or
to Ministers of the Crown or
members of an
organisation or officers and
employees of any public
service agency or
organisation in the course of
their duty
Document 1
Role Description for members of the Fiordland Marine Guardians
Introduction
The Fiordland Marine Guardians is an advisory group established under the Fiordland (Te
Moana o Atawhenua) Marine Management Act 2005 (the Act). The Act came into effect on
21 April 2005. Under the Act the Guardians are required to have no fewer than five members
and no more than eight members, to be appointed by the Minister for the Environment. At
least five members must be ordinarily resident in the Otago or Southland regions, and one
member must be nominated by Te Runanga o Ngāi Tahu.
The purpose of this position description is to provide information to candidates so that they
understand what the job requires and to create a benchmark against which the attributes of
candidates can be assessed.
Knowledge and experience
The Fiordland Marine Guardians as a group must have a balanced mix of knowledge and
experience in relation to the Fiordland (Te Moana o Atawhenua) Marine Area (FMA).
Each member is appointed in his or her own right and does not represent any particular
organisation or group. He or she will be expected to have the following skills:
• knowledge, experience and expertise in one or more aspects relevant to the
management of the FMA;
• the ability to work with other members of the Guardians and with agency officials to
establish common goals and work cooperatively to achieve them;
• the ability to network and consult effectively with stakeholders and community
groups;
• an understanding of effective governance and strategy;
• an understanding of, or interest in developing an understanding of elements of
environmental law relevant to the management of the FMA;
• personal integrity; and
• the interest and enthusiasm and time needed to contribute effectively to the work of
the Fiordland Marine Guardians.
under the Official Information Act 1982
Term of appointment
Members will be appointed for a term not exceeding four years. Terms will be staggered so
that the terms of all members will not expire in the same year.
Released
link to page 6 link to page 6
Functions
Under Section 12 of the Act, the Guardians have the following functions:
(a) to provide advice and recommendations to management agencies
1 and
Ministers
2 to achieve the purpose of the Act. This will include:
• advice and recommendations on the effectiveness of management
measures in the FMA
• advice and recommendations on activities occurring outside the FMA if
those activities impact, or are likely to impact, on the FMA
• advice and recommendations on likely threats to the FMA.
(b) to facilitate and promote the integrated management of the FMA
(c) to obtain, share, and monitor information on the state of the FMA.
(d) to assist management agencies to:
• prepare and disseminate information about the FMA, including educational
information
• monitor the state of the marine environment [and biological diversity] in the
FMA
• plan for the enforcement of, and compliance with, the management of the
FMA
• to conduct any reviews that they are invited by the Minister for the
Environment to conduct; and agree to conduct
(e) to perform any other functions given to the Fiordland Marine Guardians under the
Act.
Advice and recommendations may be given on the Guardians' own initiative or at the
request of management agencies or Ministers.
A key role of the Guardians and agencies in the first few years will be the development and
implementation of the non-statutory elements of the overall package approved by the
Government, including strategies covering monitoring, compliance and enforcement,
biosecurity
under the Official Information Act 1982
Released
1 The Department of Conservation, the Ministry for the Environment, the Ministry for Primary Industries (Biosecurity
and Fisheries) and the Southland Regional Council
2 Conservation, Environment, Biosecurity, Fisheries
Document 2
Membership of the Fiordland Marine Guardians
Name
M/F/X
City/Town
Start of current
Expiry date of
term
present term
Rebecca MCLEOD
F
Dunedin
1 July 2021
30 June 2025
(Chair)
Stewart BULL
M
Invercargill
1 July 2021
30 June 2025
Mark PEYCHERS
M
Nelson
1 July 2021
30 June 2025
John CUSHEN
M
Queenstown
1 July 2021
30 June 2025
Gavin TAYLES
M
Gore
1 July 2021
30 June 2025
Kerri-Anne EDGE
F
Te Anau
1 November 2018
31 October 2022
HILL
Alison BALLANTINE F
Cromwell
1 November 2018
31 October 2022
Peter YOUNG
M
Te Anau
1 November 2018
31 October 2022
under the Official Information Act 1982
Released
Document 3
Minutes
The Fiordland Marine Guardians/Agencies Group meeting held at
Environment Southland Council Chambers, Invercargill
on Tuesday 23 February 2021
Present:
Guardians:
• Rebecca McLeod (Chair)
• Mark Peychers
• Jonathan Clow
• Kerri-Anne Edge Hill
• Jerry Excell
• Pete Young
• Ali Ballantine
• Stewart Bull
Agencies and visitors:
•
Department of Conservation – Richard Kinsey
•
Environment Southland – Robert Win, Kathryn McLachlan, Mike Trent, Ian Coard,
Lyndon Cleaver, Bruce Halligan, George Gericke, Sorrel O’Connell-Milne & Victoria Froude
(via Zoom for agenda item 8)
•
MPI – Stephen Logie
•
MPI Fisheries New Zealand – Mark Geytenbeek
•
Ministry for the Environment – Fiona Newlove (via Zoom for agenda item 12a)
•
University of Otago – Will Rayment (for agenda item 7)
•
Fish Mainland – Alan Key (for agenda item 10b)
•
FMG Secretariat – Haydee Wilton (via Zoom)
Apologies:
Chloe Corne, Donna Shephard, Tony Preston (DOC); Jen Brunton, John Walsh
under the Official Information Act 1982
(Biosecurity NZ); John Whitehead (Southland Conservation Board) Tanith Robb, Ali
Meade (Environment Southland),
1. Welcome and introductions
• Chairperson Rebecca McLeod welcomed everyone to the meeting and there was a round
of introductions of those present.
2. Administrative tasks
Released
a) Apologies
o
The apologies were noted as above.
b) Confirmation of Minutes – 12 Nov 2020
o
The Guardians confirmed that the minutes were a correct record of the meeting held 12
November 2020.
o
Kerri-Anne Edge Hill proposed that the minutes be approved, and Stewart Bull
seconded the motion. The motion was passed, with all voting in favour.
c) Disclosure Register
o
Action 2.1: Stewart Bull to contact Haydee with some edits to Disclosure Register
d) Budget
o
Rebecca McLeod noted that Fisheries NZ had agreed to contribute $5,000 towards
fisheries sustainability survey.
e) Health and Safety
o
No health and safety issues were raised.
f)
Progress on actions
o
The actions were updated - refer to paper on page 9.
3. Chair’s report
o
Rebecca McLeod tabled the report and it was taken as read.
o
Regarding the May meeting in Te Anau, there was a brief discussion about whether
opportunity could be taken to hold a workshop or community drop in session regarding
recreational fishing, and/or add a trip to Milford to inspect mooring layout.
•
It was noted that Rebecca McLeod and Mark Peychers had attended a pre-hearing
meeting for the Alpine Group Ltd consent application. The Alpine Group has agreed to
provide some additional information, and the Guardians will need to meet again to discuss
this and agree their response.
•
There was a discussion on the black coral research to be carried out by James Bell and
Alice Rogers (Victoria University of Wellington), including possible areas of focus such as
the effects of extreme weather events (heat waves, floods etc) on coral resilience and
health. There was a discussion about practical ways this research could be supported,
such as a collaboration with the University of Otago, or introductions to charter vessel
operators whom are interested in supporting research. The broader topic of how the FMG
can build practical support for research will be added as an agenda item for the Monitoring
Subcommittee meeting in May. The Guardians thanked Richard Kinsey and Chloe Corne
under the Official Information Act 1982
(DOC) for their support of marine research in the FMA.
4. Matters Arising
• There was no discussion re matters arising.
5. Communications and Engagement
• Kerri-Anne Edge Hill tabled the report and it was taken as read.
• It was noted that the fisheries sustainability survey had technically closed but was still open
Released
for another day. 204 people had already accessed the link and this is considered to be a
good response. The next steps are for the Guardians to review the responses alongside the
workshop outputs and agree on some recommendations, before visiting Ministers in
Wellington.
• Communications sub-committee meetings are planned for March and May. Any agenda
items are to be forwarded to Kerri-Anne and meeting invitations will be sent out soon.
• It was noted that discussion around resource consent applications from Takaroa Adventure
Charters, Heritage Expeditions and Pure Salt needed to be added to the incoming
correspondence register, and that an email to Damian Cloeter (Fisheries NZ) re research
ideas needed to be added to the outgoing correspondence register. The Stewart Island
News also needed to be added to the communication channels used to advertise the
fisheries sustainability survey.
•
Action 5.1: Kerri-Anne, Haydee and Rebecca to discuss how to improve records of
incoming/outgoing correspondence.
• There was a brief discussion about an enquiry received from Crystal Brindle (DOC) re the
Guardians presenting a talk re Undaria during an upcoming events week. It was agreed
that this would be challenging in light of current uncertainty re the Undaria programme.
6. Resource consents – applications in progress
• Bruce Halligan tabled the report and it was taken as read.
• There was a discussion about several applications in the report. It was noted that the Real
Journeys application had now been granted subject to a 12 year term, but that the appeal
period was not yet complete. Hearings for the Fiordland Cruises and Offspring Travel
applications would take place in the next week.
• There was a brief discussion about whether hearings would take place if applications had
been changed to meet submitters’ concerns. It was noted that there could be changes right
up to the hearing date, but that hearings could sometimes be cancelled and applications
considered on the papers if everyone withdrew their right to be heard.
• Bruce thanked the Guardians for taking part in the pre-hearing meeting for the Alpine
Group Ltd consent application. It was noted that pre-hearing meetings provide an
opportunity for submitters and responders to discuss any issues and clarify options but do
not always resolve all issues. The Alpine Group had agreed to provide information on
several matters raised, but that their response had not yet been received. It was noted that
Commissioner McGarry was likely to make a site visit to Fiordland prior to the hearing, and
the Guardians expressed their support for her visit.
• There was a discussion about heightened interest in using the coastal space, with more
applications being received for Fiordland and other coastal areas in recent months. About
30% of the work of the consents team is currently coastal – a big increase. There was a
discussion re the possibility of limiting or prohibiting activities in certain areas, but it was
noted that Environment Southland (ES) must follow statutory process and can only
under the Official Information Act 1982
consider factors which are in the public arena via the current Coastal Plan. ES is aware of
the Guardians’ concerns raised in a recent letter and is trying to limit the timeframes for
permits to 15 years or less where possible.
• There was a discussion about whether the reform of the Resource Management Act might
provide an opportunity to speed up the review of the Coastal Plan, and whether areas could
be zoned as had occurred in other areas such as Marlborough. It was noted that zoning is
not included in the provisions of current Coastal Plan. There was discussion about whether
Taiāpure and/or Mātaitai could provide an effective solution to limiting commercial activity.
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• There was further discussion on whether ES decision-making could refer to the need for
‘adverse effects to be avoided’ as set out in the Coastal Plan/National Policy Statement. It
was noted that ES had previously referred to that and had also declined applications due to
a lack of information on how they impacted the remoteness/wilderness context.
• It was noted that a coastal permit had been granted for James Bell’s research activities and
that the fee had been waived despite budget pressures.
• ES noted that concerns had been raised re the number of people that needed to be
consulted with regarding consent applications, and how this was extending the length of
time it took for consent applications to be processed. ES re-iterated their commitment to
appropriate consultation with the Guardians, and it was noted that the Guardians would be
concerned if they weren’t consulted and hoped that their feedback would be useful to
applicants.
7. Bottlenose dolphin monitoring and research into habitat use; research into the effects of
marine reserves on sharks
• Will Rayment introduced himself and thanked the Guardians for the opportunity to share the
findings of recent research at the University of Otago. It was noted that Will is now leading
the University of Otago’s marine mammal programme in Fiordland due to staff retirement,
and that he would welcome the Guardians’ suggestions re further research topics (not just
about mammals, but marine ecology in general).
• Will gave a powerpoint presentation outlining the key details and findings of research into
bottlenose dolphins in Doubtful Sound (since 1990) and Dusky Sound (since 2007). It was
noted that the researchers could identify all the dolphins due to their markings, the small
size of the dolphin population and the frequency of the research trips. The findings show
that the population is going up slightly and that the survival rates are high, despite the calf
survival rate dropping in Doubtful Sound for a short period.
• Will outlined Masters student Steph’s Bennington’s research into bottlenose dolphins’
movements and habitat use. It was noted that while there are seasonal changes, dolphin
distribution has remained pretty constant over time – including in Dolphin Protection Zones.
The research looked into environmental factors (eg water depth, temperature, seabed
slope, distance to entrance/wall) and used BUVs to look at prey factors present in the
dolphins’ preferred habitats. It was noted that looking at both prey and environment factors
provided a better explanation for the variation in dolphin distribution, and that this could
have implications for spatial management in the future.
• There was a discussion about whether the voluntary code of practice had an effect on
dolphin abundance and distribution, and whether there was data which might show what
impact tourism was having and how this might inform policy and management. Increasing
level of vessel activity in Dusky Sound was discussed, and whether it would be worth
considering looking at establishing a Code of Conduct for operators in the southern fiords.
• Will presented the findings of research into the effects of marine reserves on sharks in
under the Official Information Act 1982
coastal Fiordland. BUVs were used to quantify the effect of 5 marine reserves and six
species of shark were detected. Sevengill sharks were easy to identify and count
individually due to markings while a maximum count technique was used for other shark
species which were harder to identify. It was noted that marine reserves had no effect on
the presence of sevengill sharks, but that mesopredatory sharks were more prevalent in the
marine reserves than in the control sites. The research concluded that marine reserves had
conservation benefits for smaller sharks, but that the relatively small marine reserves were
less likely to benefit sevengill sharks which have bigger home ranges.
Released
•
Action 7.1: Haydee to circulate Will Rayment’s presentation on bottlenose dolphins
and the effects of marine reserves on sharks.
•
Action 7.2: Richard Kinsey to circulate DOC report on bottlenose dolphin abundance
8. Fiordland Vessel Carrying Capacity – Draft Issues Overview
• Rebecca welcomed Vicky Froude and thanked her for her paper, which was taken as read.
• It was noted that Vicky visited Fiordland in February and has reviewed many of the relevant
documents, but that the paper is still preliminary with more issues to be added and fleshed
out.
• There was a discussion about what baselines should be used for assessing issues/impacts
on natural character – looking at no vessel use and permitted/consented vessel use. It was
noted that Environment Southland has suggested using 2018/19 and 2019/20 levels as
they are indicative of activity levels pre-Covid 19, or referring to NZ Coastal Policy
Statement (Policy 13) re avoiding adverse effects on outstanding natural character. The
Guardians queried whether the baseline would be used as a reference point from now on
and suggested that 2010 levels be used as a baseline given that vessel activity increased
greatly from 2011/12 onwards. There was a discussion about where to source data on 2010
vessel use (eg sizes and locations) and it was noted that there may be some data from
flyovers, cameras on accessways, boat ramp surveys and consents in place at the time.
The Guardians agreed to let Vicky know if they had any further suggestions re baselines
and data sources.
• There was a discussion on obtaining information on actual vessel use, and it was noted that
MPI could provide some information on fishing vessel use and that ES could provide
information on consented use vs. actual use. Vicky noted that she would also send
operators a questionnaire re actual use.
• There was a brief discussion about vessel anchor damage, the potential value of speaking
to Russell Halliday at the Milford Opportunities Project and the difference between natural
character and landscape.
• There was a discussion about how the Guardians could provide further input into Vicky’s
work, and it was agreed that it would be best for the Guardians to talk to Vicky individually.
•
Action 8.1: Vicky to send Rebecca a list of questions that she would like the
Guardians’ perspective on. The Guardians will then agree and arrange for someone
to answer Vicky’s queries.
9. Coastal Management Map Project
• Kathryn McLachlan noted that ES had set up an information portal that the Guardians might
find useful to refer to when considering consent applications. The information can be
accessed under the maps section of the ES website, and provides a map showing relevant
consent applications, marine reserves and marine farms etc. Kathryn demonstrated how
the portal worked on screen and noted that the locations may not be accurate for older
under the Official Information Act 1982
consents but that she is working to get these updated.
• It was noted that Kathryn would welcome feedback on any other information which could be
added to the portal, and there was a discussion about potentially adding china shops,
dolphin protection zones, consent applications in progress, consent owners and the
extent/geographic range of any consents. It was noted that ES could provide a spreadsheet
of all consents in an area but that the information may be limited depending on how it has
been entered into the system. It was agreed that if information on china shops is already
publicly available then these areas should be recognised as no anchoring sites in the maps.
Released
•
Action 9.1: Kathryn McLachlan to send spreadsheet showing all the consents in the
Fiordland Marine Area
10. Agency updates
a) Ministry for the Environment
o
Fiona Newlove tabled the report and it was taken as read. Fiona apologised for Haydee
not being able to attend the meeting in person due to changing alert levels.
o
It was noted that the Ministry had provided advice to Minister Parker regarding the
Guardians’ appointments, and that he was now consulting with other Ministers and the
Chief Executive of Environment Southland. The appointments should be finalised in
April or May 2021 if the process runs as planned. Fiona noted that the process had
been more protracted than usual due to Covid-19 and the election and thanked the
Guardians for their patience and for continuing on in their roles.
o
It was noted that the Ministry was also working with other agencies to support Minister
Parker in his new Oceans and Fisheries portfolio, and that there are overlaps with the
Environment and Conservation portfolios.
o
It was noted that the Ministry is looking at the pollution impacts from ‘scrubbers’
systems on ships and has engaged NIWA to carry out a risk assessment. The
assessment will be finalised soon and can be circulated to the Guardians if they are
interested.
o
The Ministry is keen to support the Guardians to set up a meeting with Minister Parker
(and other Ministers) in July 2021.
o
Action 10.1: Fiona and Rebecca to discuss plans and arrangements for proposed
July 2021 meetings with Ministers.
b) Fisheries NZ
o
Mark Geytenbeek tabled the report, and it was taken as read. Mark outlined the recent
Fisheries NZ restructure, and it was noted that there was a new Treaty Partnerships
directorate. Mark has been seconded to the strategy team but will still retain all current
responsibilities. Fisheries Compliance remains part of MPI rather than Fisheries NZ.
o
Mark provided an update on the blue cod strategy and highlighted some issues which
had been raised, including some anomalies in Banks Peninsula and Otago Harbour,
queries re extending the limits to Jackson Bay and issues with transiting between
different traffic light areas and filleting at sea. Fisheries NZ is potentially looking at
making some technical amendments through regulatory provisions.
o
It was noted that Fish Mainland is keen to collaborate with Fisheries NZ on this work.
o
It was noted that Fish Mainland had secured MPI funding to develop an app for
recreational fishers to voluntarily report blue cod catch. Alan Key (Fish Mainland)
under the Official Information Act 1982
outlined how the app would work and it was noted that it would capture quantity, time
fishing, and location details to give a Catch Per Unit Effort (CPUE). The second phase
of development could allow fishers to photograph fish on a mat with measurements to
show their size, which could (with support from Fisheries NZ) allow fishers to then fillet
at sea or transit between different traffic light areas, and this would possibly encourage
uptake of the app. The app will work offline, be bi-lingual (using Ngāi Tahu dialect) and
will require fishers to have read and agreed the fishing rules before they use it.
o
It was noted that the app is being trialled, and will provide instant, current information
Released
that can be acted on more quickly than manual survey results. The data could be used
for trend analysis and use of the app could potentially be made mandatory in red zone
areas. The Guardians noted their strong support for the app and there was a discussion
about the possibility of including other information within the app such as alerting users
to area-specific information as they entered different areas. It was noted that it might
be easier to provide links to relevant information to avoid issues with updating
information across multiple platforms. It was agreed that Mark would do a mock-up of
the app and bring it to the next Guardians or sub-committee meeting for further
discussion.
o
There was a brief discussion about communications re the app and it was noted that it
would be announced in the April edition of Fishing News. It was noted that there was
wide support for an app at the Guardians’ recreational fishing hui last year, and that the
Guardians should publicly endorse the app as soon as it is announced.
o
Action 10.2: Mark Geytenbeek to provide mock-up of recreational fishing app for
discussion at next FMG meeting or sub-committee meeting.
c) MPI Fisheries Compliance
o
Stephen Logie tabled and circulated hard copies of his report. He apologised for the
lateness of the report and outlined the findings of a recent patrol carried out from 2-7
February 2021 across 8 fiords. 28 vessels were inspected and there was contact with
131 people engaged primarily in fishing, diving, cruising and hunting. It was noted that 5
recreational boat parties received fisheries warnings or infringement notices, and that 9
out of 14 trailer boats did not have clean vessel passes. Many of these boats were from
outside the local area so may not have been aware of the clean vessel pass
requirement.
o
It was noted that the possession of blue cod in an unmeasurable state was an issue
with the commercial fishing fleet, and that Stephen plans to work with industry and
CRA8 to provide further education on this. It was noted that it could be raised at an
industry workshop in mid-March and through the new Chair of CRA8 Jerry Excell. There
was a brief discussion about whether measurable state applies if fish are flown out, and
Stephen confirmed that filleted fish could be flown out.
d) Department of Conservation
o
Richard Kinsey tabled the report and it was taken as read. Richard provided an
overview of the recent trip to promote research in the Fiordland area, and outlined some
of the research carried out on fur seals, seaweeds, kina density and baited video
surveys. It was noted that the researchers might be available to present their findings in
more detail at the Guardians’ meeting in May 2021. Richard was commended for
fostering research focus on the FMA and for encouraging new researchers to access
the fiords.
o
There was a discussion about the use of cameras/BUVs to potentially monitor marine
under the Official Information Act 1982
reserves and/or levels of fish stocks, and suggestions for how researcher Alice Rogers
could access the stomach contents of fish from Doubtful Sound.
e) ES Maritime
o
Lyndon Cleaver advised that there was no report but that they are close to having the
Cruise Ship Deed of Agreement signed. Lyndon will provide a copy for the Guardians
meeting in May.
o
Action 10.3: Lyndon Cleaver to provide the Guardians with a copy of the finalised
Released
Cruise Ship Deed of Agreement at or before the Guardians meeting on 5 May.
o
There was a brief discussion about whether boat safety information could be included
on the recreational fishing app, and whether this information was already available
through the Marine Mate app.
f) ES Biosecurity
o
Robert Win tabled the report and it was taken as read. There was a brief discussion
about the number of boats from outside the area without clean vessel passes, and how
they are not checking requirements before they launch. It was noted that the Guardians
could potentially highlight how many vessels don’t have clean vessel passes and
provide information to boating clubs outside the area.
o
There was a discussion about other biosecurity issues detected recently, including a
boat which was cleaned in water in Bluff, and jet skis with fuel containers stored on the
back.
o
It was noted that there had not been an official announcement re the Kaimahi for Nature
funding application on Undaria control yet.
o
There was a discussion about sharing biosecurity resources and aligning focus
between regional councils in Southland, Otago and Canterbury. It was noted that
Environment Southland had already begun to initiate discussions on this matter. It was
noted that taking an inter-regional approach might be valuable instead of waiting until a
national approach/policy is finalised.
o
There was a discussion about the woeful biosecurity facilities at Bluff and that many
operators were choosing to go to Port Chalmers instead. Mark Peychers has shared
photos of the Nelson haul out and biosecurity facilities with Ali and Rob, in the hope that
similar function could be built into the Bluff facitilities.
g) Biosecurity NZ
o
It was noted that Jen Brunton had provided a brief update to the paper circulated and
that 8 responses had now been received to the Registration of Interest re the
development of an Undaria suppression/eradication tool.
11.
Farewell Jon and Jerry
• Rebecca thanked Jon Clow and Jerry Excell for 8 and 13 years of service respectively.
Stewart and Rebecca presented them both with a pou pou and noted that they would be
missed by the Guardians.
• It was noted that Jon had brought a unique perspective and strong technical abilities to the
group, as well as serving on the communications sub-committee throughout his term. Jon
thanked everyone for the opportunity to be involved in such a pro-active group.
• It was noted that Jerry also brought a practical approach and diverse and evolving interests
in commercial fishing, recreational fishing and tourism to the group, as well as a long family
under the Official Information Act 1982
history and networks in Fiordland. He has served on almost every sub-committee except
communications. Jerry noted that he felt honoured to be a Guardian and was happy to be
able to contribute – he would continue to be involved as needed.
12.
Closing remarks
• It was noted that the next Guardians meeting would be on Wednesday 5 May. Sub-
committee meetings may be scheduled to coincide with the meeting so please keep days
before and after this meeting free if possible.
Released
Meeting closed 3.45pm
2. f) Progress on actions
Date
No. Action
Who’s
To be
Status
Assigned
responsible
completed by
27 May 2019
8.2
Report back to Guardians about options for tool
Aurora Grant
On hold due to ES resource
development
issues. FMG still keen to
progress and ensure
consents and planning
teams have same
information.
23 Aug 2019
8.3
Continue working with Ken Grange regarding
Richard Kinsey
June 2021
Remove this action
prioritisation of research projects
27 Nov 2019
8.3
Discuss pou pou with runaka and report their
Stewart Bull
Feb 2021
Ongoing – awaiting
decision at next meeting
commitment and price from
Bubba Thompson.
25 May 2020
2.1
Draft a
definition on conflicts of interests and circulate Rebecca McLeod
May 2021
Ongoing - Rebecca to get
among Guardians, potentially guided by MfE’s
MfE protocols from Fiona
protocols which Nicky will send to Rebecca.
26 May 2020
7.2
Collaborate on expanding groper survey to support
Richard Kinsey,
August 2020
Completed
fisheries management decisions
Mark Geytenbeek
12 Nov 2020
2.1
Haydee Wilton to remove Kerri-Anne Edge Hill’s
Haydee Wilton
Feb 2021
Completed
contracts from the disclosure register and correct the
spelling of Stewart Bull’s role as Tangata
Tiaki/Kaitiaki.
12 Nov 2020
2.2
Jon Clow to add the meeting protocol at different
Jon Clow
Feb 2021
Completed
Covid-19 Alert Levels to the H&S Risk Register
12 Nov 2020
3.1
Rebecca and Haydee to review the induction
Rebecca McLeod, Feb 2021
In progress
package for incoming Guardians.
Haydee Wilton
12 Nov 2020
6.1
Bruce Halligan to check whether/when the Guardians
Bruce Halligan
Nov 2020
Completed – to be
under the Official Information Act 1982
were notified re the Fiordland Cruises resource
discussed agenda item 6
application, and ensure process is in place to inform
Guardians of public notifications by email in the
future.
Released
12 Nov 2020
12.1
Rebecca McLeod to canvass FMG for thoughts on
Rebecca McLeod
Nov 2020
Completed – submission
potential fisheries research projects and submit these
saved in Databox
to MPI by 25 Nov 2020
12 Nov 2020
12.2
Richard Kinsey and Chloe Corne will discuss how to
Richard Kinsey
Feb 2021
Completed
increase publicity of the DOC research trips.
12 Nov 2020
12.3
Richard Kinsey will check what is happening with
Richard Kinsey
Feb 2021
Completed - To be
Fiordland Recreation Conservation Trust and
discussed later in meeting
potential removal of boat ramp at Deepwater Basin.
under the Official Information Act 1982
Released
Document 4
Minutes
The Fiordland Marine Guardians/Agencies Group meeting held at
Kingsgate Hotel, Te Anau on Wednesday 5 May 2021
Present:
Guardians:
• Rebecca McLeod (Chair)
• Mark Peychers
• Kerri-Anne Edge Hill
• Jerry Excell
• Pete Young
• Ali Ballantine (via MS Teams for items 1-8a)
Agencies and visitors:
•
Department of Conservation – Richard Kinsey, Chloe Corne, John Lucas (for agenda
items 8b-d)
•
Environment Southland – Robert Win, Kathryn McLachlan, Lyndon Cleaver, Bruce
Halligan (via MS Teams for items 1-8a), George Gericke (via MS Teams)
•
MPI – Stephen Logie
•
MPI Fisheries New Zealand – Mark Geytenbeek (for items 5-9)
•
Biosecurity NZ – Jen Brunton
•
Ministry for the Environment – Fiona Newlove (via MS Teams for agenda item 8g)
•
FMG Secretariat – Haydee Wilton
Apologies:
Jonathan Clow, Stewart Bull (Guardians); Donna Shephard, Tony Preston (DOC);
Nadia Freeman, John Walsh (Biosecurity NZ); John Whitehead (Southland
Conservation Board); Lucy Hicks, Ali Meade, Ciaran Thayer (Environment
Southland).
under the Official Information Act 1982
1. Welcome and introductions
• Chairperson Rebecca McLeod welcomed everyone to the meeting and there was a round
of introductions of those present.
• Rebecca noted the recent announcement of funding for the
Undaria control programme,
and acknowledged the efforts of everyone involved in the process, especially Rob Win, Jen
Brunton, Richard Kinsey and Ali Meade.
Released
2. Administrative tasks
a) Apologies
o
The apologies were noted as above.
b) Confirmation of Minutes – 23 February 2021
o
The Guardians confirmed that the minutes were a correct record of the meeting held 23
February 2021.
o
Pete Young proposed that the minutes be approved, and Ali Ballantine seconded the
motion. The motion was passed, with all voting in favour.
c) Disclosure Register
o
Several updates to the Disclosure Register were noted:
-
Mark Peychers is a Director of the Rock Lobster Industry Council
-
Jerry Excell is the Chair of CRA8 and a Surface Water Consent holder
-
Kerri-Anne Edge Hill has a contract with Environment Southland (not marine-
related)
d) Budget
o
Rebecca McLeod noted that the financial year end was approaching and that there was
currently an underspend of approximately $18,000. Planned expenditure includes
honoraria, disbursements, a newsletter, fishing survey overview, update and re-print of
user guide, governance training and an article in the Fishing Paper.
e) Health and Safety
o
It was noted that the agreed processes for travel in poor weather may soon be relevant
again.
f)
Progress on actions
o
The actions were updated - refer to paper on page 9.
3. Chair’s report
• Rebecca McLeod tabled the report and it was taken as read.
• It was noted that Nicol Horrell (Chair, Environment Southland) had written to thank the
Guardians for presenting at the Council meeting. The letter outlined several options that
Environment Southland is considering in response to the Guardians’ concerns, including a
Council/staff workshop in May re the Bluff haul-out facility and potential amendments to
chapters 13 and 16 of the existing Coastal Plan. There was a discussion about whether the
amendments would become operative when they were notified (which could be as early as
Sept 2021), or if they would only become operative following a submission process (which
could take 6 months or more if there are hearings, appeals etc). Clarification from ES that
changes would become operative once notified provided there is council sign off. It was
noted that Vicky Froude’s carrying capacity report was due to be completed by the end of
June 2021, but that resource consent applications cannot be delayed while the work is
under the Official Information Act 1982
completed as the response timeframes are set out in the RMA. If the report suggests a plan
change, any proposed plan changes can be taken into consideration when reviewing
applications as soon as the plan change has been notified. There was a discussion about
the importance of any proposed plan changes being considered at that point to avoid a
‘goldrush’ of applications before new restrictions are in place.
• It was noted that the Guardians are working to ensure that their approach to any resource
consent applications is consistent and considered.
• There was a brief discussion on the Environmental Defence Society FMA case study
Released
proposal and the feedback received to date from partner agencies. It was noted that the
goals and scope of the proposal can be adjusted if necessary and that the work may be
superseded by developments with the Coastal Plan.
•
Action 3.1: Rebecca to send an update to EDS re progress with case study proposal
• There was a discussion about the disrepair of Meridian’s wharf in Deep Cove which is
leased by Real Journeys. Bruce Halligan (ES) has been in touch with Chris Thomson at
Meridian about the state of the wharf and will circulate her response. Meridian plans to
carry out a structural review of the wharf.
•
Action 3.2: Bruce Halligan to circulate Meridian’s response re state of Deep Cove
wharf and their consent conditions and follow up with Meridian re the outcome of the
structural review.
• It was noted that local operators have concerns about oil spill response and adhoc fuel
transfer operations by Real Journeys and at the hostel wharf in Deep Cove. There were
also concerns that the fuel had to go over DOC land and that the hostel wharf hadn’t been
load tested. It was noted that Allied Fuel has circulated oil spill response kits and ensured
processes are adequate. Lyndon Cleaver plans to visit Deep Cove soon to observe the fuel
transfer situation and wharves.
4. Conflict of Interest policy
• The draft Conflict of Interest policy was discussed, and it was noted that the policy outlines
what a conflict is and how to manage it. All Guardians were likely to have conflicts of
interest due to their connections to the area and relevant networks. Guardians should
declare conflicts as they arise and then work with Chair to agree on management measures
required. E.g. The Guardian could remove themselves from discussion and/or decision-
making on topics where they identify a conflict. It was noted that there was an issue with
resource consent applications going to limited notification if the Guardians could not
comment due to conflicts.
• All voted in favour to accept the new Conflict of Interest policy.
• Haydee to maintain the revised COI register and ensure relevant updates are made as new
conflicts are raised.
•
Action 4.1: All Guardians to complete and return the Conflict of Interest declaration
and management form to Haydee.
5. Communications and Engagement
• Kerri-Anne tabled the report and it was taken as read. Two corrections were noted in the
report as follows: p. 29 re Excell Blanket Bay resource consent application to be updated to
note that a sub-committee of Guardians without conflicts will now consider; and p.31
reference to fisheries sustainability survey to be updated to note that it will be discussed
under agenda item 7.
•
under the Official Information Act 1982
There was a discussion re the Guardians having a stand at the Boat Show in Invercargill on
7/8 August. It was agreed that it would be useful for the Guardians to have their own stand
this year but located close to partner agencies. There was a discussion around the
Guardians’ availability to staff the stand and it was agreed that the Guardians meeting
scheduled for 10 August should be moved forward to 9 August to tie in with the Boat Show.
•
Action 5.1: Haydee to reschedule FMG meeting to 9 August, book stand at the Boat
Show and send invitations to the Guardians for the Boat Show dates.
• There was a discussion about the Guardians submission on the Environment Southland
Released
Long-Term Plan. The submission will note that the Guardians support any proposed plan
changes which will amend/update the Coastal Plan to better manage commercial surface
water activities and their cumulative effects, and that any plan changes are taken into
consideration as soon as they are notified.
• It was noted that Otago Regional Council was also inviting submissions on its long-term
plan, and it was agreed that the Guardians would make a submission in support of a
collaborative approach to marine biosecurity across southern Councils/regions. It was
noted that there has been some previous informal work between the Canterbury, Otago
and Southland Regional Councils on this matter.
•
Action 5.2: Rebecca McLeod to make a submission to the Otago Regional Council on
behalf of the Guardians in support of a collaborative approach to marine biosecurity
across southern Councils/regions.
6. Resource consents – applications in progress
• Bruce Halligan tabled the report and it was taken as read.
• Bruce provided an update on the Fiordland Cruises application to add commercial surface
water activities to Doubtful Sound (as noted on p.2 of the report). The application was
declined by Environment Southland (ES) and the Commissioner agreed. The applicant has
now appealed the decision and ES intends to defend its position. The Guardians agreed to
participate in the process and show their support for the ES decision. The Guardians have
until 10 May to notify that they would like to join the appeal process. It was noted that there
could be a mediation process before the appeal went to court but that ES did not favour
mediation in this instance. There was a brief discussion to confirm that the Guardians would
not necessarily need to engage legal representation, and whether TAMI and DOC could
also join the process. TAMI did not submit on this application, but Bruce will check whether
they would like to be involved as an affected party.
•
Action 6.1: Bruce Halligan to re-send all information relating to the Fiordland Cruises
application to Rebecca and clarify how the Guardians can participate in the appeal
process.
•
Action 6.2: Bruce Halligan to check whether TAMI want to be involved in the
Fiordland Cruises appeal process.
• It was noted that consent applications had slowed down a little, but that there were a few
enquiries which would likely translate into applications soon. There was a brief discussion
about several applications, including Fiordland Expeditions’ application for a floating
pontoon, the DOC wharf application, and a potential application from Fiordland Marine Ltd.
It was noted that there was no further update on the Alpine Group application and that ES
were awaiting further information from the applicant.
•
Action 6.3: Bruce Halligan to check whether there is an application from Fiordland
Marine Ltd and let Rebecca know.
under the Official Information Act 1982
7. Recreational Fishing Review – progress report
• Rebecca tabled the report and it was taken as read. There were no questions regarding the
report.
8. Agency updates
a) ES Maritime
o
Lyndon Cleaver tabled the report and it was taken as read.
Released
o
There was a discussion about the updated Cruise Ship Deed of Agreement, and it was
noted that it would be operative for the next 10 years or until the new Coastal Plan
becomes operative (whichever is sooner). It was noted that the no anchoring zones still
needed to be updated, but that this would occur in Coastal Plan review. There was a
discussion about future ROV surveys on known Cruise ship anchoring areas and
adding any new no anchoring zones. Kathryn McLachlan noted that it would be useful
to get suggestions on which areas to survey/review as these could potentially be
prioritised by the monitoring sub-committee. May be more logical to focus on areas
where cruise ships can anchor, rather than areas where they can’t. It was agreed that
the Guardians’ user guide does not need to have cruise ship no anchoring areas noted
on its maps as cruise ship captains are not the intended audience and these areas (e.g.
Pendulo Reach) are too deep for smaller vessels to anchor in.
o
Several queries on the Deed wording were discussed, including re s6.2.23 re complying
with biosecurity rules and record-keeping requirements (on p.80) and s6.2.16 re
ancillary vessels (on p.79). It was noted that there was no change to the limit of 4
ancillary vessels and no limit on the time the vessels can be on the water. These
provisions will be reviewed in the new Coastal Plan.
o
There was a discussion on when cruise ships will be back in the Fiordland Marine Area
(FMA), and it was noted that there was a cruise ship industry meeting with the Minister
of Tourism scheduled soon. It was likely that only small vessels will return to the area at
first. It was noted that the marine fee had been adjusted by CPI and that the fee cap
would be phased out.
b) Fisheries NZ
o
Mark Geytenbeek tabled the report and it was taken as read.
o
It was noted that Mark would be able to provide heat maps at the next meeting showing
where blue cod are being taken from – with a particular focus on the areas between the
heads of the fiords and the habitat lines. Heat maps are the most appropriate way to
show the data from ACVs due to commercial sensitivity and privacy.
o
It was noted that there were some proposed amendments to the Blue Cod Strategy in
relation to zones and fish landing rules but that these don’t impact the FMA.
o
There was a brief discussion about the recreational self-reporting app which is in
development. The app will allow trip tracking and Mark will share a version when he
can. A trial version (beta) may be ready to share at the Boat Show in August but the full
version is not due for completion until 1 October 2021.
o
It was noted that the medium-term research projects in the Fiordland area are still being
prioritised, and that the expanded citizen science project noted in the report is not as
certain now. There was a discussion about different ways of progressing the project,
including potentially funding it as a trial under RDM, and/or incorporating some citizen
science aspects into the reporting app for ACVs. It was noted that the Guardians are
keen to be involved in the design and to co-ordinate any communications as the project
under the Official Information Act 1982
addresses some of the issues raised at the recreational fishing hui held last year.
c) Fisheries NZ Compliance
o
Stephen Logie tabled the report and it was taken as read.
o
It was noted that there had been a recent joint agency fisheries and biosecurity
compliance patrol carried out in mid-April 2021 across seven fiords. 31 vessels
(including 10 trailer boats) were inspected and 160 people were engaged. Several
fisheries breaches were detected – a boat from the North Island possessed a dredge
Released
and 16 live paua, while several local recreational fishers had filleted blue cod.
o
It was noted that new fisheries compliance signs are being prepared for boat ramps and
DOC huts in Milford, Doubtful and the southern fiords. The communications sub-
committee plan to add a kiosk at Milford Sound with updated signs, and it was
suggested that new signs were needed at West Arm and Deep Cove as well. It was
noted that the signs should highlight the different rules in Fiordland and the lack of
mobile phone coverage in the fiords and suggest that users should take a photo of the
signs to refer back to.
d) Department of Conservation
o
Richard Kinsey tabled the report and it was taken as read.
o
John Lucas was introduced as acting Operations Manager at DOC and welcomed to the
meeting. It was noted that John is covering the role for Nedra Burns for 10 months.
o
It was noted that a monitoring sub-committee meeting took place on 4 May 2021. Kath
Blakemore is working on a strategy/plan for the next 10 years and would welcome input
from Stewart Bull when he is back.
o
There was a discussion about the research on flatworms in kina, and whether there was
a high loading in the Fiordland sites compared to other areas. It was noted that there
was variance across the sites with flatworm loading in kina quite low in some areas but
higher in kina from the inner fiords. This might be related to kina health.
o
There was a brief discussion about whether it would be worth revisiting the Clio Rocks
research led by Matt Desmond and the tools and technology used in the research.
o
The Guardians thanked DOC for their support of the research presented and noted the
wide range of topics and institutions involved.
e) ES Biosecurity
o
Robert Win tabled the report and it was taken as read.
o
There was a discussion about arrangements for the
Undaria control programme.
Richard Kinsey will be administering the programme for DOC and working with Jen
Brunton from Biosecurity NZ. It was noted that ES is currently interviewing for the
project co-ordinator role and plans to release a job advertisement for divers shortly. The
divers will be short-term employees of ES. There is also an operations workshop
scheduled soon to look at how to deal with biomass, monitoring and assessment.
o
There was a discussion about the results of the biosecurity compliance patrol carried
out in mid-April 2021. Overall there was better compliance, however two boats did not
have clean vessel passes and some boats were not cleaned to the right level and will
get a warning letter. It was noted that rubberised paint such as Rhinohide does not
have an anti-fouling element and there is a need to educate boat users about this.
There was a broader discussion about how to increase awareness of the rules and
clean vessel pass requirement, and the possibility of ES seeking cost recovery when
there are infringements.
under the Official Information Act 1982
f) Biosecurity NZ
o
Jen Brunton tabled the report and it was taken as read.
o
It was noted that the
Undaria technical advisory group had recently met and agreed to
monitor Chalky Inlet for the next 5 years – bi-monthly over low growth periods and
monthly over high growth periods. Additional techniques such as eDNA sampling is also
being considered for sentinel sites.
o
There is a Biosecurity sub-committee meeting planned for 21 May.
Released
o
There was a discussion about progress on the
Undaria tool development, and the
difficulty of accessing sufficient funding to progress to the next stage in the process. It
was noted that the tool would look at how to deal with biomass, with a trial likely to cost
$250,000. Various sources of funding were discussed, including potentially connecting
with Bill Day and/or an engineering company. SFFF funding (MPI) was also discussed
but it was noted that it would need to show relevance to commercial fishing and require
co-funding.
g) Ministry for the Environment
o
Fiona Newlove tabled the report and it was taken as read.
o
Fiona thanked the Guardians for their patience with the appointments process, which is
likely to be completed in June 2021 if all goes to plan.
o
There was a discussion re the Guardians’ planned meetings with Ministers in July/Aug
2021, and whether joint or separate meetings would be better. It was noted that Fiona
would be keen to meet the Guardians while they are in Wellington, and that either MfE
or MPI would be happy to host the Guardians at their offices in between meetings. It
was noted that Rino Tirakatene (Parliamentary Under-Secretary for Oceans and
Fisheries) may be available to meet at his office in Dunedin. Some of the local work is
being delegated to Rino by Minister Parker.
9. Closing remarks
• There was a discussion about contact from Paul Mitchell regarding a Fiordland research
project he’s seeking support for. The project will be based in Dusky/Tamatea and include
marine and atmospheric components with a central theme of monitoring and detecting
change associated with climate change. He has been in touch with a wide range of people
and is firming up his plans. It sounds like he has a lot of in-kind support. Guardians’ agree
to support the project in principle as they do with others, and encourage Paul and the
research team to keep in contact as the project is framed up.
• There was a brief discussion about the Southland Yacht Club/ICC boat ramp, and it was
noted that ES is doing a business case for new wash-down facilities to expand on ICC’s
previous plans.
• The next Guardians/partner agencies meeting will be on Monday 9 August 2021.
Meeting closed 2.20pm
under the Official Information Act 1982
Released
2. f) Progress on actions
Date
No. Action
Who’s
To be
Status
Assigned
responsible
completed by
27 May 2019
8.2
Report back to Guardians about options for tool
Aurora Grant
Portal now available, so this
development
action is completed
27 Nov 2019
8.3
Discuss pou pou with runaka and report their
Stewart Bull
August 2021
Ongoing
decision at next meeting
25 May 2020
2.1
Draft a
definition on conflicts of interests and circulate Rebecca McLeod
May 2021
Completed
among Guardians, potentially guided by MfE’s
protocols which Nicky will send to Rebecca.
12 Nov 2020
3.1
Rebecca and Haydee to review the induction
Rebecca McLeod, Feb 2021
Completed
package for incoming Guardians.
Haydee Wilton
23 Feb 2021
2.1
Stewart to advise Haydee re any further edits needed Stewart Bull,
May 2021
Completed
to Disclosure Register
Haydee Wilton
23 Feb 2021
5.1
Kerri-Anne, Haydee and Rebecca to discuss how to
Kerri-Anne Edge
May 2021
Completed
improve records of incoming/outgoing
Hill, Haydee
correspondence
Wilton, Rebecca
McLeod
23 Feb 2021
7.1
Haydee to circulate Will Rayment’s presentation on
Haydee Wilton
March 2021
Completed
bottlenose dolphins and effects of marine reserves
on sharks
23 Feb 2021
7.2
Richard Kinsey to circulate DOC report on dolphin
Richard Kinsey
May 2021
Completed
under the Official Information Act 1982
abundance
23 Feb 2021
8.1
Vicky Froude to send Rebecca a list of questions that
Vicky Froude, all
March 2021
Completed. It was noted
she would like the Guardians’ perspective on. The
Guardians
that Sorrell O’Connell-Milne
Guardians will then answer Vicky’s queries
was leaving ES.
Released
23 Feb 2021
9.1
Kathryn McLachlan to send spreadsheet showing all
Kathryn
May 2021
Completed. Received 30
the consents in the Fiordland Marine Area.
McLachlan
March via email
23 Feb 2021
10.1
Fiona and Rebecca to discuss plans and
Fiona Newlove,
March 2021
Completed
arrangements for proposed July 2021 meetings with
Rebecca McLeod
Ministers
23 Feb 2021
10.2
Mark Geytenbeek to provide mock-up of recreational
Mark Geytenbeek
May 2021
In Progress
fishing app for discussion at next Guardians or sub-
committee meeting
23 Feb 2021
10.3
Lyndon Cleaver to provide the Guardians with a copy
Lyndon Cleaver
May 2021
Completed
of the finalised Cruise Ship Deed of Agreement at or
before the Guardians meeting on 5 May.
under the Official Information Act 1982
Released
Document 5
Minutes
The Fiordland Marine Guardians/Agencies Group meeting held at the
DOC Murihiku/Invercargill office on Monday 9 August 2021
Present:
Guardians:
• Rebecca McLeod (Chair)
• Mark Peychers
• Kerri-Anne Edge Hill
• Pete Young
• Ali Ballantine
• Stewart Bull
• John Cushen
• Gavin Tayles
Agencies and visitors:
•
Department of Conservation – Richard Kinsey
•
Environment Southland – Bruce Halligan, George Gericke, Robert Win (from agenda item
2d onwards), Will Pinfold (from agenda item 2d onwards), Kathryn McLachlan (for agenda
item 6), Rebecca Robertson (for agenda item 6)
•
MPI – Stephen Logie
•
Biosecurity NZ – Jen Geange, Nadia Freeman
•
Ministry for the Environment – Fiona Newlove (via MS Teams for agenda item 8a)
•
FMG Secretariat – Haydee Wilton
•
Meridian Energy and Cawthron Institute – Chris Thomson and Robyn Dunmore (via MS
Teams for agenda item 7)
•
University of Otago – Leah Crowe
under the Official Information Act 1982
Apologies:
Chloe Corne, Donna Shephard, Tony Preston (DOC); John Walsh (Biosecurity NZ);
John Whitehead (Southland Conservation Board); Lucy Hicks, Ali Meade, Ciaran
Thayer, Lyndon Cleaver (Environment Southland); Mark Geytenbeek (Fisheries
NZ).
1. Welcome and introductions
•
Released
Chairperson Rebecca McLeod welcomed everyone to the meeting and there was a round
of introductions of those present.
• A special welcome was given to new Guardians John Cushen and Gavin Tayles, along with
Leah Crowe (University of Otago) and Nadia Freeman (Biosecurity NZ) who were attending
their first Guardians meeting. Will Pinfold (Environment Southland) was also welcomed
when he arrived at the meeting.
2. Administrative tasks
a) Apologies
o
The apologies were noted as above.
b) Confirmation of Minutes – 5 May 2021
o
The Guardians confirmed that the minutes were a correct record of the meeting held 5
May 2021.
o
Mark Peychers proposed that the minutes be approved, and Kerri-Anne Edge Hill
seconded the motion. The motion was passed, with all voting in favour.
c) Disclosure Register
o Rebecca McLeod thanked Guardians for completing Conflict of Interest Declarations
from the recently agreed Conflict of Interest policy and noted that interests would
continue to be recorded in the Disclosure Register.
o Rebecca asked all Guardians to complete new Conflict of Interest Declarations if they
identified further potential conflicts during their terms, and to declare any conflicts when
meeting agenda are raised or matters discussed during meetings.
d) Budget
o Rebecca McLeod noted that the Ministry for the Environment had approved $9,000 of
additional expenditure at the end of the 2020/21 financial year.
o It was noted that the total 2021/22 budget remains the same as in 2020/21, but that
some of the budget lines and phasing may change.
o There was a discussion about whether inflation and cost of living should be taken into
account, and it was noted that the budget increased by $20,000 several years ago. The
Guardians will consider whether a case should be made to increase the budget in future
years.
e) Health and Safety
o
It was noted that Health and Safety responsibilities needed to be re-allocated in light of
the end of Jon Clow’s term as a Guardian. It was agreed that John Cushen would take
over the lead for health and safety matters.
f)
Progress on actions
o
The actions were updated - refer to paper on pages 9-10.
o
Action 2.1: Rebecca to contact Randall Bess to ask that FMG be kept in the loop re the
trial of the recreational fishing app, and potentially ask him to present at the Guardians
under the Official Information Act 1982
meeting in November.
3. Chair’s report
• Rebecca McLeod tabled the report and it was taken as read.
• It was noted that Minister Allan’s office has now confirmed that she is available to meet with
the Guardians at 4.00pm on Monday 8 November. There was a discussion about meeting
with Fisheries NZ managers and the new Director-General at DOC. Richard Kinsey (DOC)
indicated he could help arrange a meeting with the Director-General.
•
Released
There was also a discussion about meeting with Biosecurity NZ managers – either as part
of the meeting with Minister O’Connor or separately. It was agreed that it would be useful to
meet with Biosecurity NZ officials to emphasise the importance of funding for the testing
and development of a tool to treat Undaria on natural substrates.
• Rebecca asked the Guardians to arrange flexible flights for the visit to Wellington. It was
noted that the meetings would likely fit within one day, but that the Guardians could stay in
Wellington the night before or after if need be.
•
Action 3.1: All Guardians to arrange flexible flights to Wellington for the meetings with
Ministers on Monday 8 November.
• Dates for upcoming Guardians/partner agency meetings were discussed and confirmed.
Meetings will take place on 24 Feb 2022 (Te Anau) and 4 May 2022 (Invercargill). It was
noted that Stewart Bull would not be available for the 4 May meeting.
• Rebecca farewelled Rob Win (ES) who is leaving to take up a new role at Fisheries NZ.
The Guardians thanked him for his work to secure Undaria funding and valuable
relationship-building. Rob thanked the Guardians for their support and noted that Will
Pinfold will be covering his role in the interim until a new Biosecurity Team Leader is
appointed, and will be attending future Guardians’ meetings.
4. Communications and Engagement
• Kerri-Anne Edge Hill tabled the report and it was taken as read.
• There was a discussion about the Guardians’ annual report and the topics to focus on for
the 2020/21 year. It was noted that the report is a requirement under the Fiordland (Te
Moana o Atawhenua) Marine Management Act 2005 and is useful for keeping Ministers up
to date. The primary audience being Ministers and Senior Management in agencies. It was
agreed that the focus should be on the biggest threats to Fiordland, encompassing
increasing activity/commercial surface water activities, fishing and biosecurity. There was a
discussion about the need for agencies to provide new images for the report to Kerri-Anne
as soon as possible, particularly of people participating in activities in Fiordland.
•
Action 4.1: Mark Peychers to draft bullet points on biggest threats to Fiordland topic for
annual report and send them on to Kerri-Anne to finalise by 27 August.
•
Action 4.2: Ali Ballantine to draft Our Year in Review section by 27 August.
• It was noted that the Boat Show was a valuable forum for connecting with new people, and
that many people did not know about the User Guide. There seems to be widespread
concern about the fishery, but people don’t appear to connect that with increasing activity.
High numbers of people who have purchased boats recently and intend to visit the FMA.
There was a discussion about potential changes to future Boat Show stands, including
using a tear-drop banner, video footage, lobsters in tanks/ raffles to help draw attention to
the Guardians’ stand.
• It was noted that Kerri-Anne needs some additional capacity to help with the Guardians’
communications work as Jon Clow has left the Communications and Engagement sub-
committee.under the Official Information Act 1982
• There was a discussion about the launch of the Milford Opportunities Project masterplan,
and it was noted that waterborne activities were not mentioned specifically at either the
Queenstown or Te Anau launch events. The plan is generally consistent with previous
conversations and is positive for Te Anau, but it is not clear whether it considers the wider
implications for the rest of the fiords. It was agreed that the Guardians should continue to
stay in the loop with the project to ensure this is taken into account.
•
Action 4.3: Rebecca to set up a meeting with Keith Turner or ask him to attend the next
Guardians’ meeting.
• There was a brief discussion about the letter received from Paul Mitchell regarding operator
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concerns about increasing activity in the fiords. Environment Southland also received the
same letter. It was noted that the Guardians had already responded to the letter and had
nothing further to add at this stage.
• There was a discussion regarding the work of James Nikitene from Blue Cradle. He is
focussed on science engagement via community workshops, film-making, community
cruises etc. Rebecca and Rob Win (ES) have met with him and it was noted that he plans
to do a cruise in Fiordland on the Strannik from 10-16 October, looking at microplastics and
DNA testing with scientists from NIWA, ESR, Cawthron Institute etc. He plans to run a
community event in Te Anau to tie in with the cruise, and already has some arrangements
in place. It was noted that he is already linked in with Enviroschools, and that Biosecurity
NZ and Environment Southland are tentatively involved. Both Kerri-Anne (FMG) and
Richard Kinsey (DOC) indicated that they could also potentially support the event.
•
Action 4.4: Rebecca to introduce Kerri-Anne to James Nikitene to discuss event plans.
5. Resource consents – applications in progress
• Bruce Halligan tabled the report and it was taken as read. He thanked the Guardians for
their constructive dialogue re their position on consents and noted that the consents team
had been made aware of this.
• Bruce provided an update on the Alpine Group floating structure application and it was
noted that the application has changed considerably. The application originally noted that
the accommodation would be used only in emergencies, but Alpine Group has now
indicated that they wish to use it more frequently than this. Bruce noted that this change
could not be covered by amendments to the existing application and a new application
would likely result. There was a brief discussion about whether there has been a site visit to
the barge. It was also noted that the applicant will commission a landscape assessment
and that this will be reviewed by ES.
• Bruce provided an update on the Fiordland Cruises appeal re the decision on their
application to increase day trip activity in the Doubtful/Patea complex. It was declined by
Commissioner McGarry but that decision has been appealed by Fiordland Cruises (not the
Fiordland Marine Guardians as stated in error in Bruce’s report). Mediation is scheduled for
17 August, with the Guardians involved as a Section 274 Party. If it is not possible to
mediate an outcome, the appeal may progress to a formal hearing at the Environment
Court.
• It was noted that there doesn’t seem to be a goldrush of applications as yet but that there is
increased interest, with 4 queries and 2 new applications currently in progress.
• Rebecca McLeod provided some background on the Guardians’ decision re an earlier
Heritage Expeditions application. At the time Heritage first contacted the Guardians (Oct
2020), they had not considered declining to provide written approval for new applications as
a general position (this position was reached in early 2021), hence indicating to Heritage
that the Guardians did not have a solid ground to decline to provide written approval. As
such, the Guardians proceeded in good faith with this application, but managed to put a
number of conditions on the written approval such as decreasing the temporal scope of the
under the Official Information Act 1982
consent.
• It was noted that the Guardians have suggested that the Ayto application be reduced in
temporal scope to better reflect the number of trips/days currently in operation rather than
365 days a year. This move is to try and reduce the amount of latent efforts in consents in
the FMA.
• It was noted that feedback on the Pure Salt application is due by 10 August.
• There was a brief discussion about the expansion of activities in the fiords due to Covid-19.
Some operators are now making 3-4 trips a month up from 3-4 trips a year, and there are
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very few remote or isolated areas left in the FMA.
6. Proposed Plan Change to Regional Coastal Plan
• Kathryn McLachlan and Rebecca Robertson from Environment Southland (ES) introduced
themselves. They tabled the report and it was taken as read.
• Rebecca Robertson noted that a small plan changed was proposed to the Regional Coastal
Plan, with a focus on chapter 16.2 and limiting any increase in commercial surface water
activities until the Coastal Plan review is complete. The proposed plan change is going to
the ES Strategy and Policy Committee for approval soon and if approved, consultation with
key stakeholders will take place in September, including with the Guardians, DOC, Te Ao
Marama Inc (TAMI), Ministry for the Environment and operators. Public notification would
likely happen in November/December, and as soon as this occurred the plan change would
take immediate legal effect.
• There was a discussion about whether the Guardians could suggest that the terms of any
consents be shortened so that they fall under the new plan change. It was agreed that the
Guardians should continue to work closely with TAMI and DOC to make strong and co-
ordinated submissions. It was noted that there is currently some confusion about DOCs
position on applications for new surface water consents in the FMA and it was agreed that
Rebecca McLeod would follow up with DOC to seek clarification on this. It was noted that
the Guardians could raise it at their meeting with the Minister of Conservation or with the
new Deputy Director General. There was a discussion about getting feedback from Te
Rūnanga o Ngāi Tahu and the Southland Conservation Board on consent applications too.
Rebecca McLeod thanked ES for their work on the plan change and there was a brief
discussion about whether there would be a goldrush of applications before the plan change.
•
Action 6.1: Rebecca McLeod will follow up with DOC re their position on new applications
for surface water consents in the FMA.
• There was a discussion about the other issues that the Guardians raised at their meeting
with ES Councillors in February 2021 – eg the haul-out facility at Bluff and having facilities
in place to support the Fiordland Pathways Plan. It was noted that ES had not yet made
any commitments on these issues. There is debate within ES about whether the boat
ramp/haul-out facility was an infrastructure or biosecurity issue, and accordingly who at ES
should be responsible for any work. It was also noted that it is a joint issue for ES and
Invercargill City Council, and that the working group with Southport seems to have fizzled
out. It was agreed that the Guardians would need to keep raising the issue and that it would
potentially be useful to schedule a regular meeting with the ES Strategy and Policy
Committee. As it is a biosecurity issues, Kathryn McLachlan (ES) noted that it might be
better to raise the issue and meet with the ES Operations Committee. She will check and
get back to the Guardians.
•
Action 6.2: Kathryn McLachlan (ES) to check whether the ES Operations Committee is the
most appropriate forum for the Guardians to raise their concerns re the Bluff haul-out facility
and facilities to support the Fiordland Pathways Plan (e.g. Synchrolift).
under the Official Information Act 1982
7. Meridian annual marine monitoring report
• Chris Thomson (Meridian Energy) and Robyn Dunmore (Cawthron Institute) joined the
meeting via MS Teams. They tabled the report and it was taken as read. It was noted that
Meridian had consent to discharge water into Doubtful Sound and one of the consent
conditions was to provide monitoring reports to the FMG.
• Robyn provided an overview of the physical monitoring report for the 2020/21 year. Across
the monitoring year, rainfall was higher in Doubtful Sound than in previous years, but lower
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in Milford. The surface salinity results were similar to previous years. The temperature data
was above average across all sites, and it was noted that the last 5 years have all been
warmer than previous years throughout the water column. It was noted that the physical
monitoring results over the long-term don’t show any changes attributable to the power
station. As such, consent has been granted to change the monitoring programme by
reducing the number of moorings used for physical monitoring and frequency of surveys
and sites for biological monitoring. Instrumentation was removed from moorings (other than
M1 and M4) in June 2021, and these moorings will also be removed soon. It was noted that
the M5 mooring in Deep Cove is damaged due to being hit by a vessel. The instrumentation
on M1 and M4 was upgraded in 2019 to allow data to be telemetered. It was noted that
there was ROV video footage available. Robyn will share the link to these videos if
possible. The Guardians agreed to endorse the recommendations in the report.
• The Guardians endorsed the recommendations of the Report for the 2021-22 Monitoring
Programme, and noted that ES granted the variation to the Manapouri Power Station
consent condition clauses regarding the Doubtful Sound Marine Monitoring Programme
changes on 4 June 2021.
•
Action 7.1: Haydee to send Chris Thomson a copy of the minutes to confirm that the
Guardians have endorsed the report’s recommendations.
• It was noted that Meridian’s 5 year-old wharf in Deep Cove was shut in March 2021 due to
structural concerns. Concrete samples and modelling have been undertaken to determine
the extent of the issue, and there should be a report available within the next few weeks.
The small boat pontoon has been removed and is now closer to the Outdoor Education
Trust facilities. Meridian intends to repair the wharf and lodge a consent application in Nov
2021 (6 months before the consent expires in May 2022). There was a brief discussion
about the fuel wharf and Chris noted that Meridian were aware of this and that it was a
priority.
e) Agency updates
a) Ministry for the Environment
o
Fiona Newlove joined the meeting via MS Teams. She tabled the report and it was
taken as read.
o
Fiona welcomed the new Guardians to the group and thanked everyone involved in the
appointment process. It was noted that the final step in the process was for the Minister
to publicly announce the appointments.
o
It was noted that there is a lot of resource management reform work taking place within
the Ministry and across government agencies. Submissions on the exposure draft
closed on 4 August and the next step will be for the draft to go through the select
committee process. It was noted that there is still a lot of detail to come, and that there
was a lot of interest and discussion about the proposed reforms at the recent
Environmental Defence Society conference. The Ministry is working in conjunction with
DOC and MPI to look at how the proposed reforms relate to the Coastal Marine Area.
o
It was noted that the vision, objectives and guiding principles for the Oceans and
under the Official Information Act 1982
Fisheries portfolio have now been agreed. The focus is on healthy oceans eco-systems,
with a secretariat hosted by DOC to coordinate work across MPI, MFE and the Ministry
for Foreign Affairs and Trade. There is a Cabinet paper on the proposed Oceans and
Fisheries work on the MPI website.
o
Action 8.1: Fiona Newlove to forward link to Oceans and Fisheries Cabinet paper to
the Guardians.
o
It was noted that there have been several recent media announcements re Oceans and
Fisheries reform projects and fisheries-related initiatives such as cameras on fishing
boats, Hauraki Gulf Sea Change plan and creating a framework for open oceans
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aquaculture. The Environmental Defence Society is also looking at the marine
management system in New Zealand and plans to set out options and models for
improving the system. An interim report on their work will be available soon, with the
final report due in December. They want to stimulate debate on the system, and have
held some workshops.
o
Rebecca thanked Fiona for her work on the appointments and for extending the
2020/21 budget to allow the user guide update.
b) Biosecurity New Zealand
o
Jen Geange tabled the report, and it was taken as read.
o
It was noted that a few more inspections had taken place since the report was written,
and that there had been some confusion with communications with one boat owner re
the difference between a clean and an inspection. An initial inspection found 5 Undaria
plants on the boat, and another inspection will probably be needed when it is in
Fiordland. There was a discussion about the need to be clearer with future
communications, and it was noted that Rob Emmett could potentially provide some
further information on what he’s found and what that means.
o
It was noted that no operational research funding had been secured for the
development of an Undaria tool as yet, but that there will be another chance in October.
There was a discussion about the Registration of Interest process and the next steps of
going to tender then to trial. It was noted that approximately $250,000 was needed to
get to trial stage, and that future funding requirements would depend on what tool is
selected. Jen Geange and Nadia Freeman (Biosecurity NZ) will continue to work on
budget submissions and funding applications.
o
There was a brief discussion about biofouling and risk profiling, and it was noted that
several of the Guardians would be interested to see how vessels are being profiled.
o
There was a discussion about what will happen when the Jobs for Nature funding runs
out for the Undaria project in March 2023. It was noted that the project had been
reduced from 4 years to 2 years, which probably did not allow sufficient time to see a
reduction in biomass. There was a discussion about the possibility of getting the project
and funding extended to cover the original 4-year timescale, and it was noted that this
would require roughly another $1 million per annum. It was also noted that it is an
expensive programme and that it will be challenging to meet the Jobs for Nature
requirements and show that it is having positive results in the current 2-year timescale.
There was a discussion about the data available and possible ways to communicate the
results. It was agreed that the Guardians would raise these issues during their meetings
with Ministers and senior managers.
c) ES Biosecurity
o
Rob Win tabled the report and it was taken as read.
o
Will Pinfold introduced himself and provided an update on the Undaria programme. It
was noted that work was underway to procure a vessel and that diver training had just
started. The divers will initially get their PADI qualifications then move on to a Certificate
of Competence in commercial diving. Training should be completed by the end of
September.
under the Official Information Act 1982
o
The tender process for support vessels for the programme is well underway.
o
The Uni barge at Sunday Cove will be used as an operational base, and helicopter
support will be provided by Southern Lakes.
o
Work is also underway to assess the distribution of Undaria and disposal options, and
biomass removal will start from September/October. It is proposed that the biomass will
go into lift bags on boat then be used to fertilise the forest. It was noted that these plans
were yet to be discussed with the Conservation Board or Tangata Tiaki.
o
Action 8.2: Rob Win and Richard Kinsey will arrange for consultation/discussion with
the Tangata Tiaki and Conservation Board re the disposal of Undaria biomass.
o
It was noted that ES plans to file charges against a vessel for breaching the Fiordland
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Marine Pathways Plan.
d) Department of Conservation
o
Richard Kinsey tabled the report.
o
It was noted that DOC plans to resurvey a selection of long-term monitoring sites in
Fiordland and recently put this work out to tender. Two responses were received, and
DOC has decided to award the University of Otago the contract when funds are
confirmed.
o
Kath Blakemore has been delayed with other work but is still working on the Fiordland
Marine Monitoring Plan.
o
DOC’s biosystematics work will be completed soon. There will be an e-guide available
to the public, as well as printed copies for charter operators.
o
It was noted that DOC had carried put bottlenose dolphin monitoring trips in Doubtful
and Dusky Sounds, with new PhD student Leah Crowe (University of Otago). Leah
plans to look at other fiords, such as Dagg, Nancy, Chalky & Preservation Inlets, to
understand how dolphins are using the whole of the Fiordland Marine Area, any
changes in their usage and the reasons for this. It was noted that she is looking to
partner with other organisations/people to access the other fiords and there was a
discussion about acoustic monitoring and whether it could be carried out via moorings
or used to measure vessel noise, and how it had been used elsewhere to monitor
whales.
o
Action 8.3: Leah Crowe will present her research proposal at the next Guardians
meeting in November 2021.
e) ES Compliance
o
A report from the ES Compliance Division was tabled and taken as read. There was no
discussion on this report.
9. Closing remarks
• There was a discussion about what to do with the old Beneath the Reflections user guides.
It was noted that they needed to be marked to show that they are now out of date and could
be given away to charter boat clients etc – but not to those who regularly use and rely on
the guides out on the water. There was a brief discussion about who had copies of the new
user guide and special edition newsletter.
• Pete Young provided an update on recent rubbish clean ups carried out by the Southern
Coastal Charitable Trust. 68 cubic metres of plastic was removed at a cost of $100,000 for
the 4-day clean-up, while Pure Salt also did a clean up in Cascade Cove which removed 4-
5t of batteries, tyres etc. It was noted that the Trust found using fewer, skilled volunteers to
be more efficient and cost-effective and that any fishing equipment found would be recycled
if possible.
•
Action 9.1: Rebecca will write thank you letters to the Trust and two operators involved in
the recent rubbish clean-ups.
•
Action 9.2: Kerri-Anne and Pete will add an article on the clean-ups to the next Guardians’
newsletter.under the Official Information Act 1982
• It was noted that Fisheries New Zealand’s new Milford and Deep Cove compliance signage
was ready to be printed and should be installed by Christmas. It was noted that the
Guardians were still waiting to hear from DOC re kiosk options at Milford.
Meeting closed 2.25pm
Released
2. f) Progress on actions
Date
No. Action
Who’s
To be
Status
Assigned
responsible
completed by
27 Nov 2019
8.3
Discuss pou pou with runaka and report their
Stewart Bull
Feb 2021
Ongoing – Stewart will talk
decision at next meeting
to someone else at the
runaka.
23 Feb 2021
10.2
Mark Geytenbeek to provide mock-up of recreational
Mark Geytenbeek
May 2021
In Progress – recreational
fishing app for discussion at next Guardians or sub-
fishing app almost ready for
committee meeting
trial with Fiordland
operators.
5 May 2021
3.1
Rebecca to send an update to EDS re progress with
Rebecca McLeod
Aug 2021
Ongoing
case study proposal
5 May 2021
3.2
Bruce Halligan to circulate Meridian’s response re
Bruce Halligan
June 2021
Completed. Further update
state of Deep Cove wharf and their consent
received from Meridian –
conditions and follow up with Meridian re the
now awaiting technical
outcome of the structural review.
assessment.
5 May 2021
4.1
All Guardians to complete and return the Conflict of
All Guardians/
Aug 2021
In progress
Interest declaration and management form to
Haydee Wilton
Haydee.
5 May 2021
5.1
Haydee to reschedule FMG meeting to 9 August,
Haydee Wilton
May 2021
Completed
book stand at the Boat Show and send invitations to
the Guardians for the Boat Show dates.
5 May 2021
5.2
Rebecca McLeod to make a submission to the Otago
Rebecca McLeod
Aug 2021
Completed
Regional Council on behalf of the Guardians in
support of a collaborative approach to marine
biosecurity across Southern Councils/regions.
under the Official Information Act 1982
5 May 2021
6.1
Bruce Halligan to re-send all information relating to
Bruce Halligan
May 2021
Completed. FMG have
the Fiordland Cruises application to Rebecca and
joined appeal as section 274
clarify how the Guardians can participate in the
party and will attend
appeal process.
mediation on 17 August.
Released
5 May 2021
6.2
Bruce Halligan to check whether TAMI want to be
Bruce Halligan
May 2021
Completed
involved in the Fiordland Cruises appeal process.
5 May 2021
6.3
Bruce Halligan to check whether there is an
Bruce Halligan
May 2021
Completed. There was no
application from Fiordland Marine Ltd and let
application from Fiordland
Rebecca know.
Marine Ltd.
under the Official Information Act 1982
Released
Document 6
Minutes
The Fiordland Marine Guardians/Agencies Group meeting held
via MS Teams on Wednesday 10 November 2021
Present:
Guardians:
• Rebecca McLeod (Chair)
• Mark Peychers
• Kerri-Anne Edge Hill
• Pete Young
• Ali Ballantine
• Stewart Bull
• John Cushen
• Gavin Tayles
Agencies and visitors:
•
Department of Conservation – Richard Kinsey; Rachael McMillan (for agenda item 6)
•
Environment Southland – Kathryn McLachlan, Will Pinfold; Ali Meade (for agenda item 5);
Lyndon Cleaver (until agenda item 6); Bruce Halligan, George Gericke (until agenda item
7);
•
MPI Fisheries Compliance – Stephen Logie
•
Fisheries NZ - Mark Geytenbeek, Rob Win
•
Biosecurity NZ – Jen Geange
•
Ministry for the Environment – Fiona Newlove (for agenda item 9a)
•
University of Otago - Leah Crowe (for agenda item 8)
•
Sustainable Coastlines – Ben Knight (for agenda item 7)
under the Official Information Act 1982
•
FMG Secretariat – Haydee Wilton
Apologies:
Chloe Corne, Aaron Fleming (DOC); Lucy Hicks, Rebecca Robertson (Environment
Southland), Jenni Stanley (University of Waikato)
1. Welcome and introductions
• Chairperson Rebecca McLeod welcomed everyone to the meeting and noted that Kathryn
Released
McLachlan and Rob Win were attending in their new roles of ES Team Leader Marine and
Fisheries NZ Analyst respectively.
2. Administrative tasks
a) Apologies
o
The apologies were noted as above. It was noted that Lucy Hicks was away until Feb
2022 and that Rebecca Robertson (ES) should be invited to future Guardians’ meetings
b) Confirmation of Minutes – 9 August 2021
o
The Guardians confirmed that the minutes were a correct record of the meeting held 9
August 2021.
o
Stewart Bull proposed that the minutes be approved, and Kerri-Anne Edge Hill
seconded the motion. The motion was passed, with all voting in favour.
c) Disclosure Register
o It was noted that the Disclosure Register needed to be updated with Rebecca McLeod
and Stewart Bull’s work as leaders on the University of Otago MBIE Endeavour funded
research programme “Natural carbon sequestration in our Southern fiords: A pathway
towards carbon neutrality”.
o Rebecca thanked Guardians for completing Conflict of Interest Declarations and asked
them to update these if they identified further potential conflicts during their terms, and to
declare any conflicts when meeting agenda are raised or matters discussed during
meetings.
o
Action: 2.1: Haydee to follow up any outstanding Conflict of Interest forms and work
through any queries with Guardians. Haydee to phone Stewart to discuss the Conflict of
Interest form.
d) Budget
o
Rebecca McLeod noted that there was $1,500 available in the budget for governance
training and asked Guardians to get in touch with either herself or Haydee if they were
interested in completing any training.
e) Health and Safety
o
John Cushen tabled two Health and Safety papers – an outline of health and safety
considerations for Guardians to be aware of when working at home or travelling for
FMG business, and an associated risk register. It was noted that Guardians should
review these and modify to suit their own situations.
o
There was a discussion on the need to manage workloads, share the load between
Guardians and indicate realistic timeframes for completing agency work requests.
under the Official Information Act 1982
o
It was noted that the Guardians may need to consider risks that could arise from public
engagement work, particularly with respect to potentially controversial matters. This
could include a plan for procedures and security at public meetings. There was a
discussion about risks associated with online meetings, social media and ensuring
different opinions could be raised and discussed respectfully.
o
Action 2.2: Haydee to save the new Health & Safety papers into Databox.
f)
Progress on actions
Released
o
The actions were updated - refer to paper on pages 8-9.
o
There was a discussion about the Bluff haul-out facility and the funding needed to
ensure adequate biosecurity facilities.
o
Action 2.3: Kathryn McLachlan (ES) to advise Ali Ballantine re who the chair of the
Operations Committee is, then Ali Ballantine will draft a letter to them following up on
the Bluff haul-out facility.
o
Action 2.4: Rebecca McLeod will check re potential sources of funding at MBIE.
3. Chair’s report
• Rebecca McLeod tabled the report and it was taken as read.
• There was a discussion about the Guardians’ meetings with Ministers Parker and O’Connor
and agency staff from Biosecurity NZ and Fisheries NZ on 8 November. It was noted that
Minister Parker was supportive of the fisheries review paper. The Guardians also raised the
following issues in their meetings: Undaria control programme and tool development;
national biosecurity pathways strategy; the RMA and cumulative effects; the Guardians’
current and future role re resource management; and the governance of the Milford
Opportunities Project.
• Rebecca thanked everyone for their work preparing for the meetings, and it was noted that
it was a positive day despite the Minister meetings being online. There was a discussion
about whether the Guardians needed to meet with the Ministers and agency staff more
frequently online, and when to follow up on the action points from the meetings.
•
Action 3.1: Rebecca will circulate the notes and actions from the 8 November meetings.
• It was noted that the Guardians were scheduled to meet online with Kay Booth on 16
November.
4. Communications and Engagement
• Kerri-Anne Edge Hill tabled the report and it was taken as read.
• It was noted that there was a correction to the paper in relation to resource consents: Real
Journeys had 3 consent applications for moorings that were still in discussion, not
approved. The Guardians’ item for the Top of the South newsletter also needs to be added
to the Media & Publications section of the paper.
• It was noted that Rebecca and Mark were preparing a submission on Fisheries NZ national
bag limits (due 18 November).
• A fisheries-focussed communications sub-committee will meet briefly in mid-December to
discuss engagement re fisheries review. A further meeting will be held in February 2022.
• There was a brief discussion re when and how to follow up on Milford Opportunities Project
(MOP) governance and whether ES and the Conservation Board should also write a letter
to MOP. John Cushen offered to be Guardian’s representative in MOP should the
opportunity arise.
under the Official Information Act 1982
• Rebecca thanked Kerri-Anne and Haydee for their work on the Guardians’ Annual Report.
5. Resource consents – applications in progress
• Bruce Halligan tabled the report and it was taken as read.
• It was noted that a Fiordland Cruises application had been declined and then appealed by
applicant. The Guardians supported ES at an Environment Court pre-hearing mediation
with the applicant on 17 August, and the appeal had now been withdrawn. ES anticipate
Released
that the proposal may come back in amended form at later stage.
• It was noted that Alpine Group Ltd & Stephen William Day had submitted a new application
for a Coastal Permit for the barge in Cascade Cove, having withdrawn an earlier application
for an amendment. The application is limited notified, with the Guardians, CRA8, Te Ao
Marama Inc and Maritime NZ all considered affected parties.
• An application has been received from Invercargill City Council to refurbish/re-engineer the
Bluff haul out facility. The application includes basic wash down facilities but no high level
biosecurity measures at this stage. The design will allow biosecurity facilities to be
incorporated in future but this is not covered by the current application. There was a
discussion about how basic facilities would allow discharges to go into stormwater then into
the sea, and about potential congestion at the facility. It was noted that ES are aware that
the Bluff haul out is an issue for the Guardians but that ES does not have funds to put
towards the facility due to the lack of cruise ship levy funding.
• It was noted that there had been a slow down in coastal resource consent applications –
ES are now mainly receiving renewals.
• The Guardians queried whether future ES resource consents paper could indicate which
applications were new and which were renewals.
•
Action 5.1: Bruce to forward update on Alpine Group Ltd’s Musket Bay helicopter landing
application to Guardians Rebecca McLeod, Ali Ballantine and Mark Peychers.
6. Milford Opportunities Project
• Rebecca introduced Rachael McMillan from DOC and thanked her for taking time to update
the Guardians.
• Rachael shared a presentation on screen to outline what’s happening with the Milford
Opportunities Project (MOP) and the level of detail and thinking behind the scenes. It was
noted that MOP was focussed on planning in 2020 and that the masterplan was presented
to Cabinet in June 2021. The focus is now on feasibility testing and trying to get an
operational model in place, prepare a business case and skeleton work programme.
Rachael is working on dependency mapping and feasibility testing – which will continue
over the next 2 years. She is looking at each recommendation and working out what steps
need to occur for the recommendation to be implemented, and how these could be
sequenced.
• Rachael noted the variables such as climate change impacts and tourism numbers which
could affect MOP plans, and the need to consider funding, legal issues, concessions,
permits etc. There are also many organisations which are involved or affected.
• The Guardians queried some of the detail and there was a discussion on how the
Guardians could engage further with MOP. It was noted that Rachael would like to work
with the Guardians re future management of the inland waters of Piopiotahi, as well as the
cruise ship and governance recommendations. She noted that there would be a new team
set up in 2022 but that she could meet with the Guardians before Christmas and ensure the
knowledge/outcomes were transferred to the new team.
•
Action 6.1: Rebecca will arrange a time for the Guardians to meet with Rachael in early
under the Official Information Act 1982
December.
7. Litter Intelligence Programme
• Rebecca introduced Ben Knight from Sustainable Coastlines and noted that the marine
reserve monitoring includes the Litter Intelligence Programme (LIP).
• Ben noted the purpose of the LIP is to connect people with nature and inspire change, and
that measuring litter could help improve the issue. LIP takes a citizen science approach to
Released
data collection and 100 litter surveys have now been conducted, including some in
Fiordland. The data from the surveys will help inform solutions to the litter issue, and
Sustainable Coastlines tries to make the data as accessible as possible via graphics but
can also provide it in raw format.
• Ben outlined some background on Sustainable Coastlines’ work, including the LEAP (Litter
Education Action Projects) education programme, volunteer training in the pacific, work to
inform the regulation of plastics and look at litter flux (how fast it is accumulating and what
is in it). It was noted that Sustainable Coastlines had just received their fourth year of MFE
Waste Minimisation funding, and that the data needs to be treated with caution as sites for
data collection are often selected according to their facilities and accessibility by schools so
don’t provide a full picture.
• Ben outlined where the survey sites were in Fiordland and noted that unidentifiable plastic
was the main type of waste in these areas, with identifiable items largely coming from the
fishing and aquaculture industries (potentially from far away sources rather than locally).
Other Southland sites have similar litter profiles – it may be moved by the tides.
• The aim is to monitor the litter at least annually. Sustainable Coastlines are just focussed
on beach and coastal litter at this point, with no diving or measuring what gets blown inland
from the coast.
• It was noted that Sustainable Coastlines had connected with the Southern Coastal
Charitable Trust re who to engage with and to try to align with their litter clean up/collection.
There was also a brief discussion about Sustainable Coastlines connecting with Blue
Cradle and Fiordland College.
• Ben asked the Guardians to share information on the LIP and noted that they were selling
seats on their next trip to try to create a sustainable enterprise.
8. Bottlenose dolphins and acoustic soundscape monitoring work in marine reserves
• Rebecca tabled the report and it was taken as read.
• Leah Crowe (University of Otago) joined the meeting, shared a presentation on screen and
outlined the two projects. The first project is looking at the contemporary range of Fiordland
bottlenose dolphins and whether there are changes in terms of their residence patterns.
There are indications that the Doubtful Sound population is becoming less resident, and the
project will investigate drivers of dolphin movements and look at dolphin use of the lesser
monitored fiords. The findings may have implications for effective spatial management of
this species in this region.
• The second project will be carried out by Jenni Stanley (University of Waikato) and will look
at underwater soundscapes and acoustic pressures in New Zealand’s marine reserves. It is
believed that information from soundscapes can help to predict and assess biodiversity and
ecosystem health, and ultimately better manage protected areas – which could be
particularly helpful within systems that are difficult to sample. More work is needed to link
acoustic records to biodiversity assessments underwater, so the project will use additional
under the Official Information Act 1982
ecological information collected via baited underwater video and/or visual underwater
surveys and compare this with soundscape metrics.
• There was a brief discussion about why the research was being carried out in marine
reserves, and it was noted that it was an opportunity to see if those areas were also
protected from sound pressures. There was a discussion about how the work might
connect to the work that ES are doing on wilderness values.
• Leah would welcome the Guardians’ feedback on the projects and would appreciate any
assistance to connect or collaborate with other people working in the fiords. Leah and Jenni
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are about to submit resource consent applications and are hoping to start work in February
2022.
•
Action 8.1: Rebecca to introduce Jenni and Leah to ES resource consents staff and also
Rebecca Robertson at ES so that they can discuss any connections in their work.
9. Agency updates
a) Ministry for the Environment
o
Fiona Newlove joined the meeting and gave a verbal update. It was noted that the
Guardians’ meeting with Minister Parker had gone well and that she expected the
Minister’s office to be in touch regarding any follow up actions such as his letter to the
Minister responsible for MOP. It was noted that Fiona and Haydee would keep working
with Rebecca on the issue of how the Guardians can access legal advice.
o
Minister Parker’s office had just advised that they did not plan to do a press release on
the Guardians appointments, and Fiona apologised for the delay with this decision.
Haydee will now work with the Ministry’s communications team to arrange an
announcement, gazette notice and update the FMG website. The Ministry will also start
working on the 2022 appointments round and will be in touch with Kerri-Anne, Ali and
Pete re whether they intend to seek re-appointment or step down.
b) Biosecurity New Zealand
o Jen Geange tabled the report and it was taken as read.
o It was noted that there was a new vessel monitoring contract in place and that routine
monthly checks started a month earlier. Biosecurity NZ may look to retain the vessel
monitoring contract for a further year as ES does not have funding to cover it.
o Biosecurity NZ advertising is now on the Metservice app with information on clean
vessel passes.
o It was noted that the Guardians biosecurity sub-committee members are now Ali,
Stewart, Gavin, John. Membership of the other sub-committees has also been reviewed
and the members are:
Monitoring – Kerri-Anne, Pete and Mark
Compliance – Pete, John and Stewart
Communications – Gavin and Kerri-Anne
As Chair, Rebecca is a member of all the sub-committees
c) ES Biosecurity
o Kathryn McLachlan tabled the paper and it was taken as read. It was noted that there
was a change re the compliance action noted in the paper – it would now be taking place
in early December. ES had been unable to join the last compliance patrol but hoped to
do a day trip to Milford Sound in the new year. Ian Coard has been contracted back to
ES to do some work.
under the Official Information Act 1982
o Will Pinfold provided an update on the Jobs for Nature
Undaria programme. The
programme is progressing well but was delayed by the latest Covid-19 outbreak. 13
divers are all trained up now and are applying for their occupational diving ticket. The
first trip will take place on 22 November and will focus on getting the team comfortable
with their gear, environment and the boat. They will be assessing the
Undaria before
getting into biomass removal. Operational plans, risk registers, health & safety plans,
vessel contracts are also being worked on.
o There was a discussion about further funding for the programme, and it was noted that
Released
Biosecurity NZ has agreed to lead the strategy for this given how busy ES is. Various
monitoring issues and methods for the project were also discussed, and it was agreed
that Rebecca and Will would arrange to discuss this further at a later date.
o
Action 9.1: Rebecca and Will Pinfold to discuss monitoring methods/issues for Undaria
programme.
o Communications on the programme were also discussed, and it was noted that ES are
currently recruiting for communications staff and hope to boost communications on the
programme before Christmas. It was noted that Ali Meade (ES) and Richard Kinsey
(DOC) had met with John Lucas (DOC) re the programme, and there was more shared
understanding of the programme as a result. There was a suggestion that agencies
should share programme messaging and Q&As, so that messaging and support for the
programme is aligned as much as possible.
o It was noted that work on the pathways plan would likely progress when Lucy Hicks (ES)
returned in February 2022.
d) Department of Conservation
o Richard Kinsey tabled the paper and it was taken as read. There was a brief discussion
about
Undaria at The Snares , when it was first detected there and whether it had been
found in the Auckland and Campbell Islands.
o Richard offered to help the Guardians’ reschedule their meetings with Penny Nelson and
Minister Allan.
e) Fisheries New Zealand
o
Mark Geytenbeek and Rob Win agreed that the meeting with Minister Parker had gone
well. They will follow up with the Minister’s office, provide a formal response and then
work through the regulatory process. There was a brief discussion about whether there
were any ways to shortcut the regulatory process and it was noted that there wasn’t
much flexibility but that there had been some recent work in Kaikoura which might help
to streamline the work.
o
It was noted that there is a lot of Fisheries NZ work and consultation taking place now –
on cameras on fishing boats, national bag limits and discharges. The national bag
limits may have impacts on Fiordland, so Fisheries NZ will come back to the Guardians
on that. Cameras may also be trialled on rock lobster vessels in Fiordland.
f) Fisheries Compliance
o
Stephen Logie tabled a paper and apologised for its lateness. He outlined the results of
a compliance patrol undertaken from 18-23 October, and it was noted that compliance
was generally very good with only a few electronic monitoring issues to follow up. It
was noted that the patrol had the rare opportunity to look at some long line boats and
under the Official Information Act 1982
that there was a fair amount of commercial vessels coming and going from fiord
entrances.
o
Fisheries Compliance has also put some new recreational fishing signs up at Kisbee
Lodge and other DOC huts. It was suggested that any Milford signage should be
temporary in nature, and that this would be discussed at the next Guardians’
communications sub-committee meeting.
10. Closing remarks
Released
• Rebecca noted how busy the year had been for the Guardians and thanked everyone
for their work. Kerri-Anne thanked Rebecca for all her work too.
• It was noted that there would be some upcoming work on the Alpine Group resource
consent application – this would be coordinated by Mark, Rebecca and Ali.
2. f) Progress on actions
Date
No. Action
Who’s
To be
Status
Assigned
responsible
completed by
27 Nov 2019
8.3
Discuss pou pou with runaka and report their
Stewart Bull
Feb 2021
Ongoing – James York now
decision at next meeting
working on this. Stewart and
Rebecca to discuss
23 Feb 2021
10.2
Mark Geytenbeek to provide mock-up of recreational
Mark Geytenbeek
May 2021
Action no longer relevant
fishing app for discussion at next Guardians or sub-
committee meeting
5 May 2021
3.1
Rebecca to send an update to EDS re progress with
Rebecca McLeod
Aug 2021
Ongoing
case study proposal
5 May 2021
4.1
All Guardians to complete and return the Conflict of
All Guardians/
Aug 2021
Almost complete
Interest declaration and management form to
Haydee Wilton
Haydee.
9 Aug 2021
2.1
Rebecca to contact Randall Bess to ask that FMG be
Rebecca McLeod
Aug 2021
Completed
kept in the loop re the trial of the recreational fishing
app, and potentially ask him to present at the
Guardians meeting in November.
9 Aug 2021
3.1
All Guardians to arrange flexible flights to Wellington
All Guardians
Sept 2021
Completed
for the meetings with Ministers on Monday 8
November.
9 Aug 2021
4.1
Mark Peychers to draft bullet points on biggest
Mark Peychers/
Aug 2021
Completed
threats to Fiordland topic for annual report and send
Kerri-Anne Edge
them on to Kerri-Anne to finalise by 27 August.
Hill
9 Aug 2021
4.2
Ali Ballantine to draft Our Year in Review section for
Ali Ballantine
Aug 2021
Completed
annual report by 27 August.
9 Aug 2021
4.3
Rebecca to set up a meeting with Keith Turner
Rebecca McLeod
Aug 2021
Completed
under the Official Information Act 1982
(Milford Opportunities Project) or ask him to attend
the next Guardians’ meeting.
9 Aug 2021
4.4
Rebecca to introduce Kerri-Anne to James Nikitene
Rebecca McLeod
Aug 2021
Completed
(Blue Cradle) to discuss event plans.
Released
9 Aug 2021
6.1
Rebecca McLeod will follow up with DOC re their
Rebecca McLeod
Sept 2021
Completed
position on new applications for surface water
consents in the FMA.
9 Aug 2021
6.2
Kathryn McLachlan (ES) to check whether the ES
Kathryn
Aug 2021
Operations Committee is the
Operations Committee is the most appropriate forum
McLachlan (ES)
most appropriate forum.
for the Guardians to raise their concerns re the Bluff
Kathryn McLachlan will
haul-out facility and undaria pathways plan.
check who chairs the
Operations Committee. Ali
Meade is the best contact at
ES.
9 Aug 2021
7.1
Haydee to send Chris Thomson a copy of the
Haydee Wilton
Aug 2021
Haydee still to do.
minutes to confirm that the Guardians have endorsed
the report’s recommendations.
9 Aug 2021
8.1
Fiona Newlove to forward link to Oceans and
Fiona Newlove
Aug 2021
Haydee to check with Fiona
Fisheries Cabinet paper to the Guardians.
(MFE)
9 Aug 2021
8.2
Rob Win and Richard Kinsey will arrange for
Rob Win (ES)/
Aug 2021
Letter has been written but
consultation/discussion with the Tangata Tiaki and
Richard Kinsey
not sent. Richard Kinsey to
Conservation Board re the disposal of Undaria
(DOC)
follow up on this.
biomass.
9 Aug 2021
8.3
Leah Crowe will present her research proposal at the
Leah Crowe
Nov 2021
Completed
next Guardians meeting in November 2021.
(University of
Otago)
9 Aug 2021
9.1
Rebecca will write a thank you letter to the Trust and
Rebecca McLeod
Sept 2021
Completed
two operators involved in the recent rubbish clean-
ups.
9 Aug 2021
9.2
Kerri-Anne and Pete will add an article on the clean-
Kerri-Anne Edge
Oct 2021
To do in next newsletter
ups to the next Guardians’ newsletter.
Hill / Pete Young
under the Official Information Act 1982
Released
Document 7
APH Organisation Form
All sections must be completed.
Organisation and Responsible Portfolio
Nominating Committee for the Climate Change Commission
(Climate Change)
Brief Outline of the Functions and Responsibilities of the
Organisation
The Nominating Committee was established under Section 5F of the Climate Change
Response Act 2002. It is a Ministerial advisory committee and nominates candidates to the
Minister of Climate Change for appointment as members of the Climate Change Commission.
Current Membership
Name
Gender
Region
Ethnicities
Date of original
Expiry date
Identity*
(and Iwi if
appointment
of present
applicable)
term
Dr Rod Carr
M
Christchurch
Pākehā
9 Dec 2019
8 Dec 2024
Dame Therese
F
Wellington
Pākehā
18 May 2020
17 May 2022
Walsh
Mike Smith
M
Northland
Māori
18 May 2020
17 May 2023
Dame Juliet
F
Auckland
Pākehā
18 May 2020
17 May 2024
Gerrard
under the Official Information Act 1982
Gary Taylor
M
Auckland
Pākehā
18 May 2020
17 May 2025
Released
Document 8
Nominating Committee for the Climate Change Commission – Member Position
Specification
Specific skill requirements in this round
Candidate nominations are sought for the Nominating Committee (Nominating Committee)
for the Climate Change Commission (Commission). Currently we are focusing on candidates
with:
•
knowledge of and networks in te ao Māori and/or Pasifika communities
•
executive search or recruitment experience.
Collective Committee skill requirements
The Climate Change Response Act 2002 (CCRA) states that the Committee must comprise
people who, in the opinion of the Minister, have the relevant skills or experience to identify
suitably qualified candidates for The Commission. This means that collectively the
Committee members should have:
•
a sound understanding of the requirements of Commissioners as defined in the
CCRA, including climate change mitigation and adaptation, local and central
government, public policy, effects of Climate Change (environmental, social,
economic and distributional) and knowledge of a range of sectors
•
a sound understanding of te Tiriti o Waitangi and te ao Māori
•
experience in recruitment/search in one or more of the above sectors
•
an understanding of public sector context, specifically how Crown entities fit into
the institution of government
•
an understanding of the public interest issues involved.
Functions of the Nominating Committee
The CCRA requires the Minister of Climate Change to establish and maintain a Nominating
Committee of at least five members, including the incumbent Chair of the Commission, to
nominate candidates for the Commission.
It is the role of the Committee to publicly call for expressions of interest in being appointed
and consult any person or group who may have an interest in being a member of the
Commission, including iwi and Māori representative organisations, and any person or group
that the Minister has identified as having an interest.
The Committee has a vital role to play to ensure the Commission appointments are robust
and attract quality candidates. They will thus lend credibility to the appointment process and
to the Commission generally.
under the Official Information Act 1982
The Nominating Committee’s commitments are based on the expiring terms of the
Commission’s Board. The Nominating Committee therefore meets on an ad hoc basis.
Fees The fees for this Committee are paid in accordance with the Cabinet Fees Framework. The
Committee is classified as a Group 4, level 3 body under the Framework. The fees for this
class are a maximum daily rate (based on an 8-hour day) of $395 per Committee member.
Released
Nominations Nominations and expressions of interest for this Board are required to be with Ministry for
the Environment no later than 5pm on Wednesday 13 April.
Nominations or any queries should be directed to [email address].
Document Outline