EXPRESSION OF INTEREST (EOI)
Creation of Wetlands in the Kaituna River Catchment
TO
Bay of Plenty Regional Council (BOPRC)
DOCUMENT DATED: 02 October 2014
CLOSING DATE FOR RESPONSES: 01 November 2014
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Introduction
The Natural Resource Operations Group of the Bay of Plenty Regional Council requests
Expressions of Interest (EOI) from landowners, or persons who have the expressed
permission to use land, who wish to create new wetlands within the Kaituna River
Catchment. This EIO is not for the rehabilitation or maintenance of existing wetlands.
Assisting landowners to create wetlands in the Kaituna River Catchment is part of
Bay of Plenty Regional Council’s role in the implementation of the Kaituna River and
Ongatoro/Maketū Estuary Strategy http://www.boprc.govt.nz/media/33959/Strategy091020-KaitunaMaketu.pdf or on request). Under ‘restoring healthy ecosystems’ of the
Strategy there is a key outcome of ‘creation of 100 hectares of new wetlands’. The
creation of wetlands in the Kaituna Catchment should be for (but not limited to):

water quality improvements,

habitat for native species,

cultural use,

recreation opportunities,

altering hydrological conditions.
Bay of Plenty Regional Council can assist in creating new wetlands through our funded
Biodiversity and Sustainable Land Management Programmes. For more information on
wetland restoration read http://www.boprc.govt.nz/media/29543/Guide-090618WetlandRestorationGuide.pdf. The created wetland will remain the property of the
landowner. An appropriate protection mechanism (i.e. a covenant or kawenata) will be
registered on the land’s Title to protect the site for perpetuity. Creation of wetlands will
comply with the relevant rules of the Regional Water and Land Plan.
The Bay of Plenty Regional Council will review the Expressions of Interest and then
decide whether to enter into a funded agreement with the landowner or persons with
expressed permission to use land. Bay of Plenty Regional Council reserves the right to
not enter into a funded agreement with submitters to this EIO process.
Expression of Interest – Creation of wetlands in the Kaituna River Catchment
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Wetland creation information required
2.1
Information required
(a)
Demonstrate ownership of land, or expressed written permission of landowner(s) to
use the land for creation of wetlands.
(b)
Outline of proposed wetland creation (please give detail for each point below if
appropriate). Refer to appendix and additional information page 8 for more detail.

What is the aim of creating your wetland?

Current land use.

Wetland type to be created: swamp, seepage, estuarine marsh.

Potential size (combined water and land).

Demonstrate how the wetland is hydrologically linked to the Kaituna River.

Are there any barriers to fish passage into or within the wetland from the
Kaituna River Catchment?

Functions (list multiple if possible).

Construction and maintenance methodology.

Potential water quality improvements.

Potential habitat improvements for native species.

Cultural use.

Opportunity for community to be involved.
(c)
Approximate financial costs of creation.
(d)
What share of the above costs will be your contribution? If the creation is from
volunteers include their labour as an in-kind contribution to the project.
(e)
Preferred protection mechanism for site (covenant, kawenata, Memorandum of
Understanding). Refer to appendix and additional information page 10 for more
detail.
Any questions relating to this Expressions of Interest should be directed to Ryan Standen,
Land Management Officer, Bay of Plenty Regional Council on
ryan.standen@boprc.govt.nz or by phoning 0800 884 881 extension 8503.
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Expression of Interest – Creation of Wetlands in the Kaituna River Catchment
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The EOI process
3.1
Method of submission
Respondents are to provide a printed copy of their EIO documents in a sealed envelope,
clearly marked: Creation of Wetlands in the Kaituna River Catchment.
Bay of Plenty Regional Council will not accept responses delivered by telephone, fax or
email. Responses to this EOI must be received no later 24 October 2013. Late proposals
will not be considered.
Any questions relating to the EIO should be directed to Ryan Standen, Land Management
Officer, Bay of Plenty Regional Council on ryan.standen@boprc.govt.nz or by phoning
0800 884 881 extension 8503.
Your proposal should be sent to:
Bay of Plenty Regional Council
PO Box 364
Whakatāne 3158
Or
ryan.standen@boprc.govt.nz
Or delivered to either:
Bay of Plenty Regional Council
The Reception Desk
6 Rata Street
Mount Maunganui
Bay of Plenty Regional Council
The Reception Desk
1125 Arawa Street
Rotorua
Expression of Interest – Creation of wetlands in the Kaituna River Catchment
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The evaluation process
4.1
Evaluation stages
Stage One
Evaluate each EIO of Wetland Creation based on the following attributes:
Attribute
Potential size
Water quality improvements
Functions
Habitat improvements
Link to Kaituna River
Cultural and recreational use
Opportunity for community to be
involved
Following evaluation of the EIO received, Bay of Plenty Regional Council may:
(a)
Short-list and request a more detailed wetland creation proposal, or
(b)
Enter directly into a funded agreement with the landowner.
All respondents will be advised of their status of “Short-listed Participant”, or that their EIO
has not been short-listed.
Stage Two
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(a)
Formal request for more detailed wetland creation proposal from short-listed
participants.
(b)
Negotiate with preferred short-listed participants to enter into a funded agreement.
Expression of Interest – Creation of Wetlands in the Kaituna River Catchment
Appendices and additional documents
Schedule 1 - Kaituna River Catchment boundary
Schedule 2 - Detail on proposed wetland creation
Schedule 3 - Protection mechanism details (covenants)
Schedule 1: Map showing Kaituna Catchment boundary
Expression of Interest – Creation of wetlands in the Kaituna River Catchment
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Schedule 2 – Detail on proposed wetland creation
What is the aim of creating your wetland?
What will be the end result, who will benefit, why are
you doing the work etc?
Current land use.
Is the potential wetland site currently a grazed
paddock or retired from grazing, a vacant land block,
district or city council or Māori reserve land etc?
Wetland type to be created (freshwater/estuarine).
Is the water within the wetland fresh from a
river/spring/stream or is it tidally influenced making it
estuarine fresh/salt water?
Demonstrate how the wetland is linked to the
Kaituna River.
Describe how the wetland sits within the Kaituna
River Catchment. Provide details on what water
source supplies the wetland, where it drains to, does
it intercept flood flows from a catchment. For
example, the wetland is to be constructed in a
paddock next to the Waiari Stream. The wetland will
have a culvert to the Waiari which allows water and
fish movement. The Waiari Stream is tributary of the
Kaituna River.
Functions.
Will the wetland treat runoff from surrounding
farmland, or be an area of habitat for native fauna, or
part of an aqua culture or tourism business?
Construction and maintenance methodology.
Include details on: What is the input water source,
how will water level be maintained, what earthworks
will required, what structure will be required, how will
fish passage into/out of the wetland will be achieved,
use of native plants, weed spraying programme?
Potential size.
Provide a total hectare estimate based on water and
land associated with the wetland.
Potential water quality improvements.
Water quality can be improved by reducing the input
of nutrient (N and P), faecal coliforms and sediment.
For example the wetland will treat farm runoff, or
provide a detention system for stormwater flows, or
covert poorly drained grazing land into a wetland?
Potential habitat improvements for native species.
Describe how you will improve habitat for native
flora/fauna species. Habitat can be improved by
creating habitat in the first instance i.e. turn a wet
paddock into a wetland. Also, give details like
allowing migration of fish from adjacent the
waterways into the wetland to spawn, or creating the
right conditions for certain native plants to grow, or
creating habitat where native birds could live, in
conjunction with pest animal control.
Cultural use.
The wetland could be used for traditional flax harvest
and Rongoa medicinal use, or simply for the general
public to have access to as a reserve area.
Opportunity for community to be involved.
There are numerous community, school, and iwi
groups within the Kaituna Catchment that could be
interested in helping you out with planting days,
weeding, and wildlife surveys. Describe how these
types of groups could be involved.
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Expression of Interest – Creation of Wetlands in the Kaituna River Catchment
Schedule 3 – Protection mechanism details (covenants)
Covenant options for landowners engaging with the Bay of Plenty Regional Council’s
Environmental Programme.
This advice notice is designed to provide landowners with some basic information about the
various covenant options available to them for protecting their wetland.
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Memorandum of Encumbrance (MoE)
This is a method of protecting the management works that are carried out under a funded
agreement which has been agreed to by the landowner and the Bay of Plenty Regional
Council.
It seeks to ensure that the terms of the funded agreenment between the landowner and the
Bay of Plenty Regional Council are binding on both the current and subsequent landowners.

The MoE is technically a mortgage as per the Land Transfer Act 1952. As the term
"mortgage" includes “encumbrance", the provisions of that section of the Act extend to
encumbrances.

The landowner agrees that that they will do everything required of them to observe and
comply with all covenants, conditions etc. set out in the encumbrance.

New purchasers of the property are also bound by the conditions of the MoE.

The MoE sits against the Title of land in perpetuity.

The landowner retains ownership of the protected land and no right of public access is
created.

All funded agreement works will be undertaken and costs shared as per the
Agreement.

There is no cost to the landowner.

Formal surveying of the site is not required.

The MoE is probably the simplest mechanism for protecting a piece of land.
If the land is Māori owned land:

The MoE has been the covenant mechanism of choice for a number of Maori
Trusts/landowners.

If the Maori land is under the Land Transfer Act the MoE will be able to be registered at
Land Information New Zealand, but requires confirmation by the Maori Land Court.

Land subject to a MoE remains the property of the Trust.
Further information:

A copy of the Memorandum of Encumbrance can be provided for your information.
Contact Ryan Standen of Bay of Plenty Regional Council on 0800 884 881
extension 8503.
Expression of Interest – Creation of wetlands in the Kaituna River Catchment
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Nga Whenua Rahui Kawenata (for Māori owned land only)
Nga Whenua Rahui is a contestable central government fund.

The purpose of the fund is to protect indigenous ecosystems on Maori owned land that
represent the full range of natural diversity originally present in the landscape by
providing incentives for voluntary conservation.

The fund is administered by the Nga Whenua Rahui Committee which receives an
annual allocation of funds from Government.

Nga Whenua Rahui staff provide support to the landowners and carry out work on the
ground on behalf of the owners.

The owners retain tino rangatiratanga and control over access to the land.

The Nga Whenua Rahui kawenata can be in perpetuity or for any specific term.

After 25 years the landowners and Nga Whenua Rahui will review the kawenata and, if
the landowners agree, renew it.

The owners retain tino rangatiratanga and control over access to the land.

Nga Whenua rahui staff will prepare the kawenata document which will incorporate a
reference to the funded agreement.

The kawenata will need to be approved by the Nga Whenua Rahui Committee.

The funded agreement is agreed to by the landowners, the Bay of Plenty Regional
Council and Nga Whenua Rāhui.

The kawenata is registered against the Title of the land.

All biodiversity management works will be undertaken and costs shared as per the
BMP document.

Some funding assistance from Nga Whenua Rahui for management of the site is
generally available from Nga Wnenua rāhui.

There is no cost to the landowner.

No formal surveying of the site is required.
Further information:
Meryl Carter is the Administration Officer for the Bay of Plenty
mcarter@xtra.co.nz
DDI: (09) 4383667
Mobile: 0272475807
http://www.doc.govt.nz/getting-involved/volunteer-join-or-start-a-project/start-or-fund-aproject/funding/for-landowners/nga-whenua-rahui
or www.doc.govt.nz and type Nga Whenua Rahui into the search box.
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Maori reservation
This applies to reservations under s.338 of Te Ture Whenua Maori Act 1993.
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
Any Māori freehold land or any general land may be set aside for a reservation.

The reserve can be established for various reasons including conservation purposes.

An application must be made to the Māori Land Court.
Expression of Interest – Creation of Wetlands in the Kaituna River Catchment

The Māori Land Court may recommend the establishment of a reservation to the
Chief Executive of Te Puni Kokiri who creates the reservation by issuing a notice in the
New Zealand Gazette.

Land cannot be set aside as a Maori reservation while it is subject to any mortgage or
charge.

Trustees are nominated and appointed to administer the reservation.

Trustees may be any ‘worthy’ person.

While the land is a Maori reservation it cannot be alienated.

The Maori Reservations Regulations 1994 will apply to the reservation.

The reservation Trustees and the Bay of Plenty Regional Council agree to and sign a
funded agreement.

The Maori reservation is been noted in the Maori Land Court.

All biodiversity management works will be undertaken and costs shared as per the
BMP document.
Further information:
Any Māori Land Court office, e.g:
Hauora House Annex
Government Building
Haupapa Street
Rotorua
PO Box 3012
Phone: 07 912 7402
www.maorilandcourt.govt.nz
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Queen Elizabeth the Second (QEII) National Trust Covenant
The QEII National Trust is an independent organisation established to protect open space on
private land and is funded by the government’s Biodiversity Fund.

Most covenants are owner initiated to protect a landscape feature or area of open
space on their property from future development or thoughtless land use.

An open space covenant is a legal agreement between the National Trust and the
landowner.

Rights of ownership remain unchanged.

No right of public access is created.

Most open space covenants are protected in perpetuity.

The covenant needs to be approved by the QEII National Trust Board.

A funded agreement is agreed to and signed by the landowner, the
Bay of Plenty Regional Council and the QEII National Trust.

The funded agreement is attached to the QEII covenant document and registered at
Land Information New Zealand.

All wetland creation works will be undertaken and costs shared as per the Agreement.

There is no cost to the landowner.

The site is formally surveyed by QEII at their cost.
Expression of Interest – Creation of wetlands in the Kaituna River Catchment
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