Meeting of the Hawke's Bay Regional Council Maori Committee

Date: Tuesday 18 August 2015

Time: 10.00am morning tea; public meeting commences at 10.15 am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

Agenda

Item Subject Page

1. Welcome/Notices/Apologies

2. Conflict of Interest Declarations

3. Short Term Replacements for 18 August 2015 3

4. Confirmation of Minutes of the Maori Committee held on 16 June 2015

5. Matters Arising from Minutes of the Maori Committee held on 16 June 2015

6. Follow-ups from Previous Maori Committee Meetings 5

7. Call for Any Minor Items Not on the Agenda 7

Decision Items

8. Maori Committee Representation on the Hearings Committee 9

Information or Performance Monitoring

9. Update on Current Issues by the Regional Council Chairman

10. 2015-16 Land Management Operational Plan 13

11. Karamu Catchment - In-stream Flows for Oxygen 45

12. Pataka Update

13. August 2015 Statutory Advocacy Update 53

14. Clifton to Tangoio Coastal Strategy Development

15. Minor Items Not on the Agenda 61

Please Note - Pre Meeting for Māori Members of the Committee begins at 9 am

1. Two hour on-road parking is available in Vautier Street at the rear of the HBRC Building.

2. The public park in Vautier Street on the old Council site costs only $4 for all day parking. This cost will be reimbursed by Council.

3. There are limited parking spaces (3) for visitors in the HBRC car park – entry off Vautier Street - it would be appropriate that the “Visitors” parks be available for the Members travelling distances from Wairoa and CHB

N.B. Any carparks that have yellow markings should NOT be used to park in.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 18 August 2015

SUBJECT: Follow-ups from Previous Maori Committee Meetings

Introduction

1. There are no items for follow-up from the 16 June 2015 Maori Committee meeting.

Decision Making Process

2. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that as this report is for information only and no decision is required in terms of the Local Government Act’s provisions, the decision making procedures set out in the Act do not apply.

Recommendation

1. That the Maori Committee notes there are no “Follow-up Items from Previous Maori Committee Meetings” for consideration.

Viv Moule

Human Resources Manager

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 18 August 2015

SUBJECT: Call for Any Minor Items Not on the Agenda

Reason for Report

1. Under standing orders, SO 3.7.6:

“Where an item is not on the agenda for a meeting,

(a) That item may be discussed at that meeting if:

(i) that item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) No resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

2. The Chairman will request any items committee members wish to be added for discussion at today’s meeting and these will be duly noted, if accepted by the Chairman, for discussion as Agenda Item 15.

Recommendation

That the Maori Committee accepts the following minor items not on the agenda, for discussion as item 15.

Viv Moule

Human Resources Manager

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 18 August 2015

SUBJECT: Maori Committee Representation on the Hearings Committee

Reason for Report

1. As per the Terms of Reference for the Hearings Committee adopted by Council on 6 November 2013, attached, up to three accredited members of the Maori Committee, as nominated by the Chairman of the Maori Committee, are to be appointed to the Hearings Committee.

2. Appointee(s) to the Hearings Committee must undertake accreditation training to be able to fulfil their role.

Recommendation

1. The Maori Committee recommends that Council confirms the appointment of the following as members of the Hearings Committee.

1.1

1.2

1.3

Viv Moule

Human Resources Manager

Attachment/s

Hearings Committee Terms of Reference

Hearings Committee Terms of Reference

Attachment 1

Hearings Committee

Terms of Reference

(adopted 6 November 2013)

1. Pursuant to Section 34(1) of the Resource Management Act (RMA) the Hawke's Bay Regional Council delegates the following functions, powers and/or duties under the RMA^{^[1]}:

1.1. To hear and make decisions on applications arising out of the Council's regulatory responsibilities as follows:

1.1.1. notified applications where submissions have been made and submitters wish to be heard;

1.1.2. reviews of conditions (s.128) where consent holder and/or submitters wish to be heard;

1.1.3. notified applications where submissions have been made and where the Committee considers it necessary to hold a hearing;

1.1.4. objections to decisions made under delegated authority by staff, where they wish to be heard (s.357);

1.1.5. where the staff recommendation is to decline any application for reasons other than inadequate information;

1.2. To determine other related discretionary process matters that may be associated with a hearing such as waivers of time, as appropriate under the Resource Management Act 1991.

1.3. To hear and make decisions on objections against costs under Section 36(6) of the Act and objections to the levying of Financial Contributions under Section 108 of the Act.

1.4. To hear and make decisions on lapsing of consents under Section 125 of the Act where a decision of an officer acting under delegated authority is subject to an objection.

2. Pursuant to section 82 of the Biosecurity Act (BA) the Hawke’s Bay Regional Council delegates the following functions, powers and/or duties under the BA:

2.1. To hear and make decisions on submissions received on any statutory documents prepared by Council which have been subject to a formal submission process under the Biosecurity Act.

2.2. To authorise the resolution and settlement of appeals and references through formal hearings or mediation before the Environment Court or any other judicial body which relate to the preparation of any statutory documents prepared under the Biosecurity Act by the Council and to either generally or from time to time delegate to officers the authority to resolve and settle appeals and references through formal mediation.

3. The Hawke’s Bay Regional Council delegates to the Hearings Committee, the appointment of Hearings Committee members to a Hearing Panel to undertake the functions set out above in 1. and 2. and the appointment of the Chair of the Hearing Panel.

Members:	Up to five elected and accredited Members of Council; and up to three accredited members of the Maori Committee, nominated by the Chairman of the Maori Committee; being: Councillors Christine Scott, Peter Beaven, Dave Pipe, Debbie Hewitt and Rick Barker Mike Mohi
Hearing Panel Composition:	The Hearing Panel sitting to make decisions relating to 1. and 2. above shall comprise any combination of: The Chairman sitting alone; Up to three members of the Hearings Committee; Up to five accredited Commissioners; If considered advisable in any particular case by the Chairman of the Hearings Committee, a member of the Council’s Maori Committee. Also when appropriate, the Chair of the Standing Committee when hearings directly relate to policy originating from that Committee.
	The Hearing Panel Chair has a Casting vote.
Chairman:	A Chairing Accredited member of the Committee as elected by the Council being: Christine Scott
Deputy Chairman:	A member of the Committee as elected by the Council being:
Meeting Frequency:	As is required
Staff Executive:	Group Manager Resource Management and Group Manager Asset Management
Qualifications:	In accordance with s39B all persons appointed to a hearing panel shall be accredited, except that where there is a group, and over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 18 August 2015

Subject: 2015-16 Land Management Operational Plan

Reason for Report

1. The Land Management Team (LMT) has primary responsibility for the delivery of the sustainable land management function within Council. The land management operational plan outlines the range of activities that will be undertaken in the 15-16 financial year to progress Council’s strategic goals of resilient communities, resilient ecosystems, resilient economy and a resilient organisation. The operational plan is prepared annually and staff report back on the plan within six months of the end of the financial year. The Operational Plan attached to this paper for Committee reference is available to other parties on request.

2. This agenda item provides the Maori Committee with operational plan for the 2015-16 financial year.

Comment

3. This operational plan should be read in conjunction with Council’s Long Term Plan 2015-25, specifically part 4 pages 36 to 42.

4. Key work programmes included in the 2015-16 operational plan are:

4.1. Supporting the implementation of the National Policy Statement for Freshwater Management in Hawkes Bay.

4.2. Leading the development of a more strategic approach to hill country natural resource management.

4.3. Supporting the protection and enhancement of the region’s ecological assets and biodiversity.

4.4. Improving the environmental performance of forestry in the region.

5. The operational plan outlines operational activity for the next 12 months and should be considered in conjunction with the annual report, and wider Land Management strategy that is currently being developed and programmed for completion within the 2015-16 year.

Financial and Resource Implications

6. This operational plan takes into account the 2015-16 budget provision in the Long Term Plan 2015-16. This budget provision includes a sum of $120,000 carried forward from the 2014-15 financial year. The budget provision is expected to be fully expended if the programme of work set out in the Plan is completed.

Decision Making Process

7. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

That the Maori Committee receives the “2015-16 Land Management Operational Plan” report.

Nathan Heath

Team Leader – Non Regulatory Strategy & Implementation

Mike Adye

Group Manager Asset Management

Attachment/s

Land Management Operational Plan 2015-16

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 18 August 2015

Subject: Karamu Catchment - In-stream Flows for Oxygen

Reason for Report

1. This report investigates the relationship between stream flow and dissolved oxygen available in the stream for fish. This information is intended to inform limit selection (e.g. minimum flows) by the TANK (Tutaekuri, Ahuriri, Ngaruroro, Karamu) Stakeholder Group, which was assembled for the Greater Heretaunga Plan Change.

Background

2. Fish and other stream life depend on having sufficient freshwater to survive. Regional Council manages how much water can be abstracted in an effort to safeguard the life-supporting capacity of our streams.

3. For example, there is a minimum flow of 300 L/s set for the Raupare Stream, which affords a level of protection to whitebait and eels inhabiting the stream. When stream flow drops below 300 L/s, some Twyford irrigators are required to stop water use until higher flows return. That minimum flow will be revisited for the Greater Heretaunga Plan Change, and this report will help inform that process.

4. Fish and stream invertebrates depend on oxygen to survive. Reduced flow can reduce dissolved oxygen in low-gradient streams that support high abundances of aquatic plants, like the Karamu. This report examines the impact of reduced stream flow on dissolved oxygen for three sites in the Karamu catchment (Raupare, Irongate and Awanui streams).

Discussion

5. The Awanui Stream experienced 77 days of overnight anoxia (no oxygen) during the 2013 drought, coinciding with a period of flows less than 50 L/s. The lack of dissolved oxygen concentrations created stressful conditions for biota in the Awanui Stream.

6. The Raupare Stream recorded higher dissolved oxygen concentration than the Awanui, however, the lowest oxygen concentrations coincided with the lowest flows. As well as higher concentrations of dissolved oxygen, the Raupare Stream also had healthier macroinvertebrate communities than the Awanui.

7. Reduced flows can exacerbate oxygen stress for fish and invertebrates in the Awanui, Raupare and Irongate Streams, and this was confirmed by the observed decline in oxygen with flow and by model predictions. The observations and modeling both indicate that dissolved oxygen is a critical issue to consider when managing flows of these streams to safeguard their life-supporting capacity.

8. The flows predicted to achieve alternative oxygen limits are presented for each site in the technical report (“Karamu catchment: In-stream flows for oxygen” HBRC Report No. RM 13/25 – 4559).

9. Results of the technical report were presented to TANK stakeholders (14 Oct 2014). The process of setting flow limits for the study streams can take place when we have a groundwater model that predicts the consequence of water use for stream flows.

Decision Making Process

10. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That the Maori Committee receives the Karamu Catchment - In-stream Flows for Oxygen report.

Thomas Wilding

Senior Scientist

Iain Maxwell

Group Manager Resource Management

Attachment/s

Karamu Catchment - In-stream Flows for Oxygen: Report Contents and Executive Summary

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 18 August 2015

SUBJECT: August 2015 Statutory Advocacy Update

Reason for Report

1. This paper reports on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project between 1 June and 10 August 2015.

2. The Statutory Advocacy project (Project 192) centres on resource management-related proposals upon which the Regional Council has an opportunity to make comments or to lodge a submission. These include, but are not limited to:

2.1. resource consent applications publicly notified by a territorial authority

2.2. district plan reviews or district plan changes released by a territorial authority

2.3. private plan change requests publicly notified by a territorial authority

2.4. notices of requirements for designations in district plans

2.5. non-statutory strategies, structure plans, registrations, etc prepared by territorial authorities, government ministries or other agencies involved in resource management.

3. In all cases, the Regional Council is not the decision-maker, applicant nor proponent. In the Statutory Advocacy project, the Regional Council is purely an agency with an opportunity to make comments or lodge submissions on others’ proposals. The Council’s position in relation to such proposals is informed by the Council’s own Plans, Policies and Strategies, plus its land ownership or asset management interests.

4. The summary plus accompanying map outlines those proposals that the Council’s Statutory Advocacy project is currently actively engaged in.

Decision Making Process

5. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That the Maori Committee receives the August 2015 Statutory Advocacy Update report.

Esther-Amy Powell

Planner

Helen Codlin

Group Manager Strategic Development

Attachment/s

1	Statutory Advocacy Update
2	Statutory Advocacy Map

Statutory Advocacy Update

Attachment 1

Statutory Advocacy Update (as at 10 August 2015)

Received	TLA	Map Ref	Activity	Applicant/ Agency	Status	Current Situation
17 June 2015	NA	1	Draft National Environment Standard – Plantation Forestry Discussion Document. A proposal to change how plantation forestry activities are managed under the Resource Management Act 1991 (RMA). If implemented, an NES-PF would replace councils’ existing district and regional plan rules for managing plantation forestry. It would provide a nationally consistent approach that is responsive to local environments.	Ministry for Primary Industries	Submissions have closed	10 August 2015 · Formal consultation began on Wednesday 17 June 2015 and closed on Tuesday 11 August 2015. · Staff drafted a submission and feedback invited from Councillors and RPC members, then a revised submission was lodged before 11 Aug deadline, signed off by the Chairman. · The final submission considered the overall strategic implications of the draft NES-PF in a regional context. While the intent of the NES-PF was supported the operational aspects were found to require more consideration. In general HBRC made comments on the following themes: o National consistency o Erosion Susceptibility Classification o Erosion and Sediment Control Plans o Genetically modified tree stock o National Policy Statement for Freshwater Management implementation A copy of the submission can be found at HBRC Submissions.
23 October 2014	HDC	2	Resource Consent Application Consent is sought to subdivide part of the property at 996 State Highway 2, Whirinaki into 15 residential sites.	Applicant The Evans Family Trust Agent Cardno	HDC decision issued, subject to appeal	10 August 2015 · HDC held a hearing on 15th December 2014 and HDC issued its decision on 19th January 2015. HDC decided to grant consent subject to various conditions and consequently declined HBRC’s submission. · HBRC lodged an appeal to the Environment Court against the HDC decision on 12th February 2015. Environment Court assisted mediation took place on 3rd July 2015 with each party maintaining its position. HBRC has requested a joint hearing of the appeal and any district plan appeal. The Court is considering the next procedural steps · HBRC’s submission and subsequent appeal opposes the application principally because the application site is in an area that has been determined as inappropriate for development in both the RPS and the 2010 Heretaunga Plains Urban Development Strategy. The precedent of HDC’s decision is also a concern. A copy of the submission can be found at HBRC Submissions
5 December 2013	NCC	3	Plan Change 10 to the Operative City of Napier District Plan. A community driven Plan Change to harmonise district wide provisions between the Napier District Plan with the Hastings District Plan, incorporate the Ahuriri Subdistrict Plan and update provisions as a result of recent Napier City Council policy changes and decisions into the Napier District Plan.	NCC	Notified NCC decisions issued	10 August 2015 · NCC issued decisions on PC10 on the 24^th June 2015. Council staff have reviewed the decisions and are satisfied that HBRC’s submission has been appropriately reflected in changes to the District Plan. · Appeals have been lodged by Surveying the Bay Ltd and the NZ Transport Agency. HBRC are likely to join as a party to the appeal by Surveying the Bay as it potentially raises issues about implementation of the Regional Policy Statement (esp. Chapter 3.1B) and the Heretaunga Plains Urban Development Strategy regarding subdivisions in rural areas. 9 June 2015 · NCC held a hearing on 23rd March 2015. HBRC appeared at the hearing in support of its submission. The HBRC’s original submission can be found at HBRC Submissions
8 November 2013	HDC	4	Proposed Hastings District Plan Review of the Hastings District Plan in its entirety. Includes the harmonisation of district wide provisions between the Napier District Plan with the Hastings District Plan where relevant.	HDC	Notified HDC hearings completed	10 August 2015 · HDC has completed hearings and is expected to issue decisions in mid-September. 9 June 2015 · HDC held hearings on a topic by topic basis. The HBRC Submission and Further Submission on the HDC Plan Review can be found here HBRC Submissions http://www.hbrc.govt.nz/HBRC-Documents/HBRC Document Library/20140214 Submission HDC District Plan.pdf
1 August 2013	NA	5	Application under Coastal and Marine (Takutai Moana) Act 2011 Rongomaiwahine has made an application for a Protected Customary Rights Order and a Customary Marine Title Order in the general Mahia Peninsular area under section 100 of the Marine and Coastal Area (Takutai Moana) Act 2011.	Rongomaiwahine (Pauline Tangiora)	Notified High Court hearing pending	10 August 2015 · The Applicant has asked the High Court to ‘park’ the proceedings while Rongomaiwahine iwi attempt to enter into direct negotiations with the Miniter of Treaty Settlements. Crown Counsel have indicated that the direct negotiations pathway will take at least until early 2016 to determine it the iwi can negotiate directly with the Minister. · Originally, Council opposed the grant of the orders unless the nature and geographical extent of the orders is specified with sufficient detail to enable the Council to appropriately understand the effect of the orders sought. Submissions were also made by the Crown and Gisborne District Council, both seeking clearer specificity of the scope and nature of the orders being applied for.

[1] NOTE: For the avoidance of doubt, the Hearings Committee is not delegated the functions, powers and duties to hear and make decisions on submissions made in relation to a proposed plan, policy statement, plan change or variation under the RMA. Such functions, powers and duties are delegated to a Panel of accredited RMA hearings commissioners appointed by the Council on an as needed basis, based on recommendations from the Regional Planning Committee.

Item	Topic	Councillor/Committee member / Staff
1.
2.
3.
4.
5.