Meeting of the Hawke's Bay Regional Council Maori Committee

Date: Tuesday 13 October 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 13 October 2015 3

4. Confirmation of Minutes of the Maori Committee held on 18 August 2015

5. Matters Arising from Minutes of the Maori Committee held on 18 August 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 Proposal 9

Information or Performance Monitoring

9. Update on Current Issues by the Regional Council Chairman and Interim Chief Executive

10. He Toa Takitini Treaty Settlement Update by M Paku and R Maaka

11. Hawea Park and Gravel Management Review Updates

12. Pakipaki Vision

13. Waitangi/ Tutaekuri Development

14. Clifton to Tangoio Coastal Hazards Strategy Development Update

15. August-September 2015 Statutory Advocacy Update 11

16. Minor Items Not on the Agenda 17

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 13 October 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 at today’s meeting.

Liz Lambert

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 13 October 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 16

Recommendations

That Maori Committee accepts the following minor items not on the agenda, for discussion as item 16.

Liz Lambert

Chief Executive

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 13 October 2015

Subject: Maori Committee Proposal

Reason for Report

1. While no decision has been taken on the future of the Maori Committee after the October 2016 local government elections, this paper is promoted as an option to consider as a ‘trial’ before that time.

2. The basis of the report is around meeting arrangements and the options for better information sharing with tangata whenua in the various rohe of the region.

Financial and Resource Implications

3. Communication, or lack of effective communication and consultation, is a frequently heard criticism of Council and the manner in which it engages with tangata whenua. The role of being a Maori representative on Council’s Maori Committee places a responsibility on members to relay information imparted at meetings, to the rohe they represent or seek comments from tangata whenua as input into Council processes, plans and policies.

4. Feedback that Council often receives at hui is that the tangata whenua have not been adequately consulted or that the Council has not been active in understanding their issues.

5. There is no ‘silver bullet’ to solve these issues. This paper proposes a ‘trial’ process for the Maori Committee to engage more effectively with tangata whenua directly in their own rohe, and removes some of the obligations of Maori members in terms of acting as the ‘representative’.

6. It will require the Maori representative to be actively involved in promoting the various hui proposed and assisting Council staff with establishing an appropriate agenda.

7. Another aspect supporting the recommendation is that frequently information and/or issues presented at the Maori Committee disproportionately focus on the Heretaunga rohe with limited interest to representatives from the other rohe.

8. It is proposed that the Maori committee hold hui in Wairoa, Heretaunga/Ahuriri and Tamatea in place of the regular two monthly meetings it presently holds at the Council office. This would start in 2016 and commence with Wairoa. It is proposed there would be two in the Heretaunga/Ahuriri rohe and one in Tamatea before the October elections.

9. This would provide an opportunity to evaluate how effective it was relative to the present meeting regime.

10. Members from other rohe would be welcome to attend the specific hui but wouldn’t have to attend. The agenda would be focused on the take relevant for that rohe.

11. In terms of Councillor participation, this would remain as is and the councillor members could attend as they saw fit. It is further proposed that the relevant councillor for the rohe attend the meeting when held in their area.

12. Nominations to council committees would remain as is but if this proposal was adopted after the 2016 elections then the full committee could nominate their representatives for Council committees as they do presently.

13. Relevant staff who can make decisions would be required to attend the meetings.

14. The local Maori members would assist staff to establish the agenda and to organise the venue perhaps alongside the organisations they represent.

15. Where there is a Council Maori Committee in the rohe they would also be invited to the hui, as would relevant members of the Regional Planning Committee.

16. This proposal is promoted to try and address some of the ‘shortcomings’ of the present set up and as a trial for 2016 so it can be evaluated as an option should the new Council in October 2016 choose to retain a Maori Committee.

17. Chairman Mohi has spoken to the chairs of both Wairoa and Tamatea taiwhenua on this proposal and has received their strong support for it to be recommended to Council

Decision Making Process

18. Council is required to make a decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained in Part 6 Sub Part 1 of the Act in relation to this item and have concluded the following:

18.1. The decision does not significantly alter the service provision or affect a strategic asset.

18.2. The use of the special consultative procedure is not prescribed by legislation.

18.3. The decision does not fall within the definition of Council’s policy on significance.

18.4. The persons affected by this decision are the tangata whenua of the region.

18.5. Options that have been considered are outlined in this paper.

18.6. The decision is not inconsistent with an existing policy or plan.

18.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

1. That the Maori Committee adopts the proposed ‘trial’ alternative meeting arrangements as outlined in the report for 2016.

2. The Maori Committee recommends that Council:

2.1. 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.

2.2. Endorses and supports the proposed ‘trial’ alternative meeting arrangements as outlined in the report for 2016.

Viv Moule

Human Resources Manager

Mike Mohi

CHAIRMAN, MAORI COMMITTEE

Liz Lambert

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 13 October 2015

Subject: August-September 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 10 August and 2 October 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-September 2015 Statutory Advocacy Update report.

Esther-Amy Powell

Planner

Gavin Ide

Manager, Strategy and Policy

Attachment/s

1	Statutory Advocacy Update
2	Statutory Advocacy Map

Statutory Advocacy Update

Attachment 1

Statutory Advocacy Update (as at 2 October 2015)

Received	TLA	Map Ref	Activity	Applicant/ Agency	Status	Current Situation
23 October 2014	HDC	1	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	2 October 2015 · Environment Court has directed that subdivision consent appeal and any related rezoning appeal proceedings be heard jointly. Court has set a timetable for parties to prepare and exchange evidence prior to hearing. Hearing dates scheduled as 22-24 February 2016. Previously… · 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’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	2	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, subject to appeal	2 October 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 has joined 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. Previously… · 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	3	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 decisions issued	2 October 2015 · HDC issued its decisions on 12 September 2015. Council staff are currently reviewing HDC’s decisions as they relate to HBRC’s submission and further submission. Period for lodging appeal closes on 23 October 2015. Previously… · 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	4	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 proceedings on-hold at applicant’s request	Previously… · 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.
9 June 2015	NCC	5	Resource Consent Application Consent is sought to create four additional lots (total 5) to subdivide Lots 7-10 Deeds Plan 96 (1.8919 ha) into five (5) lots.at 258 Meeanee Road.	Applicant A & F Partnership Agent OPUS	Notified NCC hearing pending	Previously… · HBRC opposed 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 and it is in an area with limiting physical characteristics and limited infrastructure and servicing · A copy of the submission can be found at HBRC Submissions

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