MINUTES OF A meeting of the Regional Planning Committee

 

 

Date:                          Wednesday 7 November 2012

 

Time:                          1.00pm

 

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

 

Present:                       Cr F Wilson – Chairman

                                      Cr E McGregor

                                                Cr E von Dadelszen

                                                Cr L Remmerswaal

                                                Cr N Kirton

                                      Cr C Scott

                                      R Spooner

                                      N Kirikiri

                                      T Waaka

                                      W Wilson

                                      T Hopmans

Dr R Maaka

N Baker

 

In Attendance:                      E Lambert – Group Manager – External Relations

                                      H Codlin – Group Manager – Strategic Development

                                      G Ide – Team Leader - Policy

                                      M Drury – Committee Secretary

 

 

 


1.       WELCOME/APOLOGIES/NOTICES

Chairman Wilson welcomed all present to the meeting with a special welcome to Dr Roger Maaka and Mr Nigel Baker who had been appointed as members of the Committee - Dr Maaka representing He Toa Takitini and Mr Baker representing Ngati Tuwharetoa Hapu Forum.

Apologies were received from Councillors Alan Dick, Tim Gilbertson.  Councillor Rose was on leave from Council.  An apology was also received from Mr K Brown.

RPC20/12

McGregor/Remmerswaal

CARRIED

Councillor Scott advised that due to another commitment, she would leave the meeting at 2.00pm.  Councillor von Dadelszen advised she would leave the meeting at 3.30pm.

 

2.       CONFLICT OF INTEREST DECLARATIONS

There were no conflicts of interest declarations.

 

3.       CONFIRMATION OF MINUTES OF the Regional Planning Committee held on 19 September 2012

RPC21/12

Minutes of the Regional Planning Committee held on Wednesday, 19 September 2012, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and accurate record.

Scott/ W Wilson

CARRIED

 

4.       Matters Arising from Minutes of the Regional Planning Committee held on Wednesday 19 September 2012

There were no matters arising from the minutes.

 

5.

Action Items from Previous Regional Planning Committee Meetings

 

Mr Ide advised the Committee that following investigations into costs and dates of the training courses for hearing Commissioners, he was advised by course organisers that there are no scheduled training courses for next year as yet..

The Committee discussed the difficulties, the lack of course dates for next year would cause as there were several members who were very interested in completing the course.

The Committee noted that under the Terms of Reference for the Regional Planning Committee members of the Plan and Policy Statement Hearing Panels were required to be accredited commissioners.

Clarification was given that the Commissioner training courses have in the past been managed by the University of Auckland under a  tender process however this had now ceased and it had once again been put out to tender by the Ministry for the Environment.  This could have resulted in no firm dates being available for next year at the time of Mr Ide’s investigations.

Responding to a question, it was confirmed there has always been the appointment of Maori (from the Maori Committee) on the HBRC’s Hearings Committee and that all Plan Hearing Panels have always included a Maori Commissioner.  Maori interpreters are available for submitters and have been used as required under the Act. Dr Maaka advised the Committee that he was an accredited Commissioner.

The Committee requested that Mr Ide give an update at the next meeting on any progress made in regard to a course being undertaken in the region and whether MfE’s tender process for future arrangements for the courses had been completed.

RPC22/12

Resolution

1.      That the Committee receives the report “Action Items from Previous Meetings”.

 

Spooner/Scott

CARRIED

 

6.

Call for General Business Items

 

GE Forum - Hastings

 

7.

Regional Policy Statement (RPS) Change 5 Update

 

Mr Ide presented this agenda item which provided an update on progressing the proposed Regional Policy Statement Change 5 through the Resource Management Act’s formal submission phases.  There was also an opportunity for the Committee to suggest potential appointees to a Hearing Panel hearing submissions lodged on Change 5.

Mr Ide advised that 29 submissions had been received and would be put on Council’s website this week.   Mr Ide also outlined the  indicative timeframes for the progression of Change 5  and noted that in his opinion it would not be necessary for the Hearing panel to have technical or scientific expertise as Change 5 had a reasonably high level policy focus.  Based on good practice examples, Mr Ide suggested the Panel could ideally be 3-5 members (including an accredited Chair).

Ms Hopmans joined the meeting at 1.25pm

Discussion took place on potential conflict of interests with Maori representatives on the Panel particularly in the way their whakapapa works where it may be seen to be in conflict, although Maori did not consider whakapapa alone to be a conflict.  It was also clarified that conflict often arose where a potential commissioner had been involved in the preparation of a submission. 

Clarification was also sought on the Panel’s role to hear and decide on submissions or to hear and make recommendations back to Council.

The Committee noted that given principles of natural justice applied to plan hearings and it would be counter to the principles of natural justice for a Panel’s recommendations to be amended in some way by the Council in making its decision.    This is because Council would not have heard and considered all the evidence that the Panel had.  If a Panel’s recommendations were not fully endorsed by the Council, then the natural justice principles essentially mean that the Council would have to re-hear all the evidence before it could issue its own decisions.  Only those members who have heard all the evidence can make decisions on the submissions.

It was also discussed if a Panel’s recommendations should be presented to the RPC before the Council.

Councillor Kirton moved an amendment to Recommendation 3, seconded by Councillor Remmerswaal; being:

“Considers potential members for the Panel to hear submissions and make recommendations to the Joint Planning Committee to proposed Change 5, and forward those names of likely candidates to staff over the next two months.”

The amendment when put was lost 3/9

For: Kirton, Remmerswaal, Maaka

Against:  Spooner, W Wilson, McGregor, Scott, von Dadelszen,
Waaka, Kirikiri, Baker, Wilson

3/9

A further amendment to Recommendation 3 was moved by N Kirikiri and seconded by T Waaka, being:

“Considers potential members for the Panel to hear and report back to the Joint Planning Committee on submissions made to proposed Change 5, and forward those names of likely candidates to staff over the next two months.”

This amendment was withdrawn.

The substantive motion therefore stood.

 

RPC23/12

Resolutions

That the Regional Planning Committee

1.     Receives the report titled ‘Regional Policy Statement Change 5 update.’

The Regional Planning Committee recommends that Council:

2.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted policy on significance and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision due to the nature and significance of the issue to be considered and decided.

3.      Considers potential members for the Panel to hear and decide upon submissions made to proposed Change 5, and forwards those names of likely candidates to staff over the next two months.

Scott/Waaka

CARRIED

 

Councillor Scott left the meeting at 2.25pm, and the meeting then fell short of a quorum.

Because a quorum was not present within 10 minutes, the meeting lapsed and the meeting adjourned at 2.35pm.

Those present at the time (2.35pm) were:    Cr F Wilson – Chairman

Cr E McGregor

Cr E von Dadelszen

Cr L Remmerswaal

Cr N Kirton

R Spooner

N Kirikiri

T Waaka

W Wilson

T Hopmans

Dr R Maaka

N Baker


 

8.

Tukituki Choices - Responses

 

The meeting adjourned due to loss of quorum and this item was therefore adjourned to the next Regional Planning Committee meeting.

 

9.

General Business

 

`GE Forum

Councillor Remmerswaal updated the meeting on a recent GE Forum held in conjunction with the Hastings District Council.

It was noted that HDC is considering whether or not GE issues will be included in a draft version of its District Plan due for release in March 2013.

 

Karakia – Mr W Wilson

 

Prior to closing the meeting, Chairman Wilson advised that if members had any concerns or required clarification regarding Conflicts of Interest, to please contact him.

 

Closure:

The Chairman declared the meeting adjourned at 2.35pm on Wednesday, 7 November 2012.

 

Signed as a true and correct record.

 

 

 

DATE: ................................................               CHAIRMAN: ...............................................