Meeting of the Regional Planning Committee



Date:                 Wednesday 15 July 2015

Time:                1.00pm


Council Chamber

Hawke's Bay Regional Council

159 Dalton Street



Attachments Excluded From Agenda


item       subject                                                                                                                   page


5.         Follow-ups from Previous Regional Planning Committee Meeting

Attachment 1:     Follow-ups from Meeting on 20 May 2015                                       2

7.         Hawke's Bay Biodiversity Strategy

Attachment 1:     Hawke's Bay biodiversity Strategy                                                   3

8.         National Policy Statement for Freshwater Management – Progressive Implementation Report 2014-15

Attachment 1:     Draft Annual Report NPSFM Implementation Reporting 2014-2015 47

9.         Regional Planning Committee Annual Activity Report 2014-15

Attachment 1:     Draft Annual Report 2014-2015                                                      54

10.       Proposed National Environmental Standard for Plantation Forestry

Attachment 1:     A National Enviromental Standard for Plantation Forestry Summary 61

15.       July 2015 Resource Management Planning Project Update

Attachment 1:     Resource Management Policy Update July 15                              72   

Follow-ups from Meeting on 20 May 2015

Attachment 1


Follow-ups from Previous Regional Planning Committee Meeting

20 May 2015



Person Responsible



Amended Terms of Reference

H Codlin

Terms of Reference were amended and circulated with the unconfirmed minutes of 20 May 2015 Regional Planning Committee Meeting.



Hawke's Bay biodiversity Strategy

Attachment 1



Draft Annual Report NPSFM Implementation Reporting 2014-2015

Attachment 1


Draft Annual Report NPSFM Implementation Reporting 2014-2015

Attachment 1


Draft Annual Report 2014-2015

Attachment 1


Regional Planning Committee

 Draft Annual Report for publication


Hot Topics - Wordle or something

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Who we are & what do we do

The Hawke’s Bay Regional Planning Committee is a permanent Committee of the Regional Council that will be established by Government legislation as part of Treaty of Waitangi settlement negotiations.  The Committee considers matters relating to policy and planning in the management of Hawke’s Bay’s natural resources.  The main purpose of the Committee is the review and development of the Hawke’s Bay Regional Policy Statement and Regional Plans under the Resource Management Act 1991.  The role involves includes consideration of strategies, policies, rules and other methods for inclusion into the Regional Resource Management Plan and the Regional Coastal Environment Plan.  The Committee also makes recommendations to Council to ensure the effective implementation of plans, processes, research, monitoring and enforcement to satisfy the requirements of the Resource Management Act 1991, National Policy Statements, National Environmental Standards and associated legislation.

The Committee is made up of 18 people, half of which are representatives from Treaty Claimant Groups or Post Settlement Entities, the other half are appointed Regional Councillors.  The Regional Planning Committee has two Chairs, Mr Fenton Wilson (Council Chairman) and Mr Toro Waaka (Ngati Pahauwera).  The purpose of this equal representation is so Tangata Whenua are able to fulfil their role as Kaitiaki of their taonga and ancestral lands.  In this way the natural environment interests of Maori are protected for future generations.

Graphic showing representation

Hawke’s Bay Regional Councillors

Fenton Wilson, Wairoa

Alan Dick, Napier

Christine Scott, Napier

Dave Pipe, Napier

Debbie Hewitt, Central Hawke’s Bay

Peter Beaven, Ngaruroro

Rex Graham, Hastings

Rick Barker, Hastings

Tom Belford, Hastings



Tangata Whenua

Karauna Brown, Ngati Hineuru Iwi Inc

Nicky Kirikiri, Te Toi Kura o Waikaremoana

Nigel Baker, Ngati Tuwharetoa Hapu Forum

Peter Paku, He Toa Takitini

Rangi Spooner, Mana Ahuriri Incorporated

Tania Hopmans, Maungaharuru-Tangitu Trust

Toro Waaka, Ngati Pahauwera Development and Tiaki Trusts

Walter Wilson, Te Tira Whakaemi o Te Wairoa

+1 vacant


Mike Mohi, Chair of the Maori Committee ex-officio member

How it works

To make any recommendation at least 14 of the Committee members must be in the room.  This is the quorum for this committee.  Individuals can then vote either for or against a motion.  The committee aims for consensus so at least 80% agreement of those in attendance at the meeting is needed for a motion to pass.

Once the Committee has made its recommendation to Council, on any Regional Plans, if Council wants to make any changes this must be referred back to the RPC.  Council cannot change a recommendation without first seeking 80% agreement from the Committee.  This means the RPC has a very strong influence on decisions made by the Council on all RMA plans.

How does the Committee influence regional policy and community outcomes?




Key Committee Achievements in 2014-2015



·   Considered the 2014 National Policy Statement for Freshwater Management (NPSFM) and received the National Policy Statement for Freshwater Management – Progressive Implementation Report 2013-14 on how Council will implement the NPSFM into Council Planning documents between July 2013 and June 2014.

·   Considered the implications of the National Policy Statement for Freshwater Programme on the Council Long Term Plan process and discussed how best to incorporate the programme into the Council’s work for the next 10 years..

·   Tangata Whenua expressed concern regarding the implementation of Water Measuring Regulations and the lapse provision for the use of water or lack of use of water as consented. The Committee noted that if water had not been used as consented, the consent holder was required to demonstrate why this had occurred.  It was agreed that an article would be published in the Horticulture NZ newsletter outlining policies around water to keep consent holders informed.

·   Confirmed that in the Regional Plan there was a series of monitoring programmes which are undertaken by Scientists in the Resource Management Group.  State of Environment (SoE) Report would be completed this year and science reporting would be updated as part of that Report.

·   Considered the allocation of water in the Heretaunga area based on existing policies.  Under common law, naturally flowing freshwater is not owned by anyone, but is treated as a public good. This is still the legal position today. There is an unresolved issue as to Māori rights to freshwater given Waitangi Tribunal findings, and a recent Supreme Court decision in relation to the Government’s sale of some state owned assets.  Although councils are able to fix charges for consent processing, compliance monitoring costs and science work through S36 of the RMA, it cannot levy a charge for water.  There is currently no legislative mechanism by which this might occur. If this was desired then it would require a legislative change to the RMA. This is an issue that would need to be advocated for through central government



·   RCEP was declared operative in November 2014 after submissions, hearings and appeal process that had been ongoing since 2006.

·   Received a report prepared by Mr Rob van Voorthuysen looking at gaps in the Regional Coastal Environment Plan against the 2010 New Zealand Coastal Policy Statement.

·   Agreed that prioritizing amendments to the RCEP to give effect to the NZCPS needed to be considered as part of the Council’s overall work programme for strategy and planning activities.

·   Received a presentation by officials from the Office of Treaty Settlements to give the Committee an overview of the law relating to the Marine and Coastal area (Takutai Moana) Act 2011.



·   Approved in principle the Mohaka Catchment Engagement Plan for the Mohaka Plan Change.

·   Approved the TANK Stakeholder Engagement Plan for the Greater Heretaunga Catchment.  Iwi/hapu engagement plans are being prepared separately from the stakeholder engagement plans so that the document can better reflect and incorporate tangata whenua values.

·   Received an update on the Councils Oil and Gas project.  Iwi and hapu are very interested in understanding more about this topic.  The Parliamentary Commissioner for the Environment (‘PCE’) has been invited to present her report to the Committee.

·   Energy was one of the Council’s Big Six Long Term Plan issues.  Staff prepared and circulated a memo summarising what the ‘Energy Futures’ project is about and its associated timelines.

·   Received an update on the Hawea Park proposal to create a new regional park at Pakiaka near Pakowhai Regional Park in conjunction with mana whenua.

Planning & Policy Development

·   Considered the draft Resource Management Planning programme report and made recommendations on additional planning programmes that it would like Council to consider as part of the Long Term Plan development process.

·   Agreed that the entire planning process for natural resource management would be considered by the Committee. The broadening of the terms of reference would add environmental monitoring and research compliance monitoring and enforcement and statutory advocacy.


·   Amended the terms of reference for the RPC to incorporate resource management functions currently undertaken by the Environment and Services Committee.  The Committee will make recommendations on all regional resource management issues from next year (2015/2016)

·   Appointed the Maori Committee Chairman as an ex-officio member of the RPC and amended the revised Terms of Reference accordingly

·   Initiated a review of HBRC’s practices on how to best incorporate tangata whenua values across the organisation into both operational and governance activities.

·   Established a working group of tangata whenua representatives from the Maori Committee (2) and the Regional Planning Committee (2) and Councillors (2) to assist staff in the Review Project.

·   Received a report on RMA Section 35A Requirements – Pataka GIS IntraMaps Platform that records geographically a wide range of publically available information on tangata whenua for example Statutory Acknowledgements from Deeds of Settlement and Iwi/Hapu Management Plans.  Council then uses this information to ensure that tangata whenua is appropriately engaged in resource management planning and can undertake their role as kaitaiaki.

Iwi/Hapu Management Plans

·   Received ‘Mana Ake, an expression of Kaitiakitanga’– Collective Management Plan for Heretaunga Hapu.  The Te Manaaki Taiao Unit of Te Taiwhenua o Heretaunga have been working with Heretaunga hapu over the last two years in the development of the hapu management plan.  The Council must specifically turn its mind to the management plan when developing policy under the RMA. In practice, staff will undertake that assessment and report it back to the Committee for consideration as part of policy development.

·   Agreed that the Council continues to offer the opportunity for groups to present their iwi/hapu management plan(s) to the RPC at a location of the Group’s choosing or at a regular RPC meeting at HBRC offices..


What’s coming up


Calendar Year

Long-Term Plan Strategy and Planning Activity








Energy Strategy








Hill Country Strategy








Outstanding Freshwater Bodies Plan Change








Mohaka Plan Change








Tutaekuri Ahuriri Ngaruroro Karamu (TANK) Plan Change








Review of Regional Resource Management Plan (RRMP) Review








Other Catchment Plan Change(s) (rest of region)








Coastal Hazard Zone Plan Change if required








Regional Coastal Environment Plan (RCEP) Review/Plan Change










Policy Development


Notification to decision (assumes 2 years)


Appeals on decisions (assumes 2 years)


Non-statutory policy/strategy completion

Where to get more information:

Hawke’s Bay Regional Council

159 Dalton Street // Private Bag 6006, Napier, New Zealand

Ph 06 835 9200 //

A National Enviromental Standard for Plantation Forestry Summary

Attachment 1



Resource Management Policy Update July 15

Attachment 1


ATTACHMENT 1 - Resource Management plan Change Status Report    as at 30 JuNE 2015

Current Project

Performance Target as per 2012-22 Long Term Plan or 2014/15 Annual Plan


Regional Coastal Environment Plan (‘RCEP’)

2014-15, Develop plan change(s) to give effect to the 2010 NZ Coastal Policy Statement (‘NZCPS’).

2014-15, start review of the RCEP’s coastal hazard zones for coastline between Tangoio and Clifton, as part of preparation of a hazard management strategy for that coastline
(see Project 322).

No further update since 1 May.  Previous May update below:

RCEP and associated Variations 1, 2 and 3 became operative on 8 November 2014.

Clifton to Tangoio Coastal Hazards Management Strategy project has commenced.  Joint Committee of representatives from NapierCC, HastingsDC, HBRC and iwi has been formed and project work programme is underway with support from a consultant project manager and a Technical Advisory Group (‘TAG’).  Website dedicated to the project has also been established:

‘Change 5’ to RRMP
(land and freshwater management)

2014-15,  Appeals on Change 5 are resolved.

No further update since 1 May.  Previous May update below:

Consent Order was issued by the Environment Court in September which settled approximately 90% of all appeal points and two appeals in their entirety (NZ Federated Farmers and HorticultureNZ).  Environment Court hearing held on 3-4 December 2014 on two points in appeal by Ngati Kahungunu Iwi Inc.  Court issued its decision on that matter on 27th March 2015. No party appealed that decision to the High Court, so the decision stands.

The remaining parts of Fish and Game’s appeal relates to a ‘bundle’ of provisions relating to the definition of ‘wetland.’ Parties have agreed that additional fieldwork surveying should be commissioned by HBRC to map the extent of six wetlands and their intermittently wet margins.  That fieldwork is anticipated to be undertaken in the first half of 2015-16 period, subject to landholder access permissions.

‘Change 6’ to RRMP
(Tukituki River Catchment)

May 2013, notify plan change for Tukituki River catchment.

Proposed Change 6 is part of the ‘Tukituki Catchment Proposal.’  High Court redirected Board of Inquiry to reconsider two points (PC6’s Rule TT1(j)) re surface water DIN limits and the corresponding DIN limit in consent conditions for the Ruataniwha Water Storage Scheme.  The Board has heard arguments from parties on those two points and issued its Draft Decision on 1st May.  On 25th June, the Board issued its Final Final Decision on PC6 and the Ruataniwha Water Storage Scheme consents.  Parties have until 17th July to lodge appeals on points of law in the High Court.

Meanwhile, work continues across many HBRC teams on developing PC6 Implementation Plan.

Greater Heretaunga/ Ahuriri catchment area plan change
(a.k.a. ‘TANK’ project)

December 2016, notify plan change for Greater Heretaunga/Ahuriri Catchment Area.

Under preparation.  Not yet notified.

TANK Group meeting #16 held on 30th June.  Discussion recapped identification of freshwater values and  HBRC’s other resource management policy initiatives.  Small group sessions also discussed potentially suitable objectives, indicators and policy options focussing on the Ngaruroro River catchment.

The next meeting will further refine those objectives, indicators and policy options for the Ngaruroro catchment.  Project team is yet to schedule dates for further TANK Group meetings.  This adaptive meeting schedule enables timely meetings to consider policy options up to a point until further progress is pending availability of science and/or additional knowledge.

Taharua/Mohaka Catchment plan change

December 2014, notify plan change for Taharua/ upper Mohaka River catchment.

No further update since 1 May report.  Previous May update below:

Under preparation.  Not yet notified.

For wider Mohaka catchment, supporting science continues to be progressed.  A recreational use and values assessment has been completed for the Mohaka River catchment.  A draft Stakeholder Engagement Plan was prepared and received in-principle agreement from the Regional Planning Committee in February.  The ‘Mohaka Consultation Group’ is yet to be formed and Terms of Reference drafted.

Natural hazards and land use management plan change

July 2015, notify plan change for natural hazards.

No further update since Feb 2015 report.

Project on hold pending shape of Resource Management reforms and prioritisation through 2015-25 Long Term Plan process.

Outstanding freshwater bodies plan change

July 2016, notify change for outstanding freshwater bodies

Funding contracts now completed and signed between HBRC and MfE for development of national criteria on ‘outstanding-ness’. A work programme has also been agreed between MfE and HBRC.  The immediate next step is tendering for consultancy services to run and coordinate the project because existing planning staff resources do not have sufficient capacity. The Project’s work programme extends to May 2016 for delivery of all criteria and methodology outputs before Hawke's Bay-specific plan change preparation can commence.

Oil and gas policy development

2014-15, initiate community engagement on oil and gas exploration policy development.

Community engagement not yet commenced.  Parliamentary Commissioner for the Environment has been invited to visit HBRC and present her report findings/recommendations.  Meanwhile, as a result of the Big Six consultation process, this is no longer an oil and gas policy development initiative.  Rather, Council has committed to wider consultation on the broader subject of the region’s “Energy Future.”  HBRC hosted an initial ‘scoping’ discussion amongst regional energy stakeholders in June.  The 2015/25 LTP aims for developing a “HB Energy Strategy with a Draft Strategy adopted by Council by March 2016.”

The Council’s decisions on the 2015/25 Long Term Plan added a new performance target for the 2015-16 period.  During the 2015-16 period, the Regional Planning Committee will consider whether a limited scope regional plan change is necessary and appropriate to address any relevant recommendations from the Parliamentary Commissioner for the Environment’s June 2014 report “Drilling for oil and gas in New Zealand: environmental oversight and regulation.”  This will be related to a report to be completed assessing the Regional Resource Management Plan’s effectiveness regarding management of the effects of oil and gas exploration and development in HB.

Statutory Acknowledgements of Treaty settlements


No further update since 1 May report.