Meeting of the Hawke's Bay Regional Council Maori Committee
Date: Tuesday 14 June 2016
10 Russell Street Waipukurau
Item Subject Page
2. Conflict of Interest Declarations
3. Short Term Replacements for 14 June, 2016 3
4. Confirmation of Minutes of the Maori Committee held on 12 April 2016
5. Matters Arising from Minutes of the Maori Committee held on 12 April 2016
Information or Performance Monitoring
6. Verbal Update on Current Issues by the Regional Council Chairman and Chief Executive
7. Tukituki Implementation Principles 5
8. Verbal update on Gravel Management
9. Tangata Whenua Issues Discussion
· Water technology for the Oxidation Pond
· Sewage discharge into the Tukituki
· How to get water to Marae
· What is happening with Lindsay Bush
Tuesday 14 June 2016
SUBJECT: Short Term Replacements for 14 June, 2016
Reason for Report
1. Council has made allowance in the terms of reference of the Committee for short term replacements to be appointed to the Committee where the usual member/s cannot stand.
The Maori Committee agrees that ______________ be appointed as member/s of the Maori Committee of the Hawke’s Bay Regional Council for the meeting of Tuesday 18, August 2015 as short term replacements(s) on the Committee for ________________
Human Resources Manager
Tuesday 14 June 2016
Subject: Tukituki Implementation Principles
Reason for Report
1. Council is soon to consider a paper that describes the work occurring and the work required to achieve implementation of the Change 6 policy and rule framework for the Tukituki catchment. To frame this discussion it is important to consider the overarching principles that will apply to the approach taken to allow staff to deal with the inevitable ambiguity that will arise in this journey.
2. Over the past 12 months staff have been working through the development of a working document that outlines the intended approach to implementation of the broad policy and rule frame work embodied in Change 6 for the Tukituki catchment. This document is deliberately entitled Working Towards Implementation as it reflects that the formal Implementation Plan was required by Policy TT16 to be delivered by the end of 2014 but for a variety of reasons this was a timeframe that was ever going to be achieved.
3. Staff are of the view that the final and comprehensive Implementation Plan should be completed at the latest in early to mid-2018 to allow the implications of this to Councils work plan to be understood and then adequately resourced through the 2018-2028 Long Term Plan.
4. In developing this work it has become evident that aspects of the framework are clear and are able to be easily developed into an approach and that there are other aspects that are at best ambiguous and the approach to implement are uncertain and unclear. Staff are comfortable with this challenge.
5. In developing an approach for the matters that are ambiguous decisions will need to be made and approaches developed. Staff are seeking guidance from Council on a range of overarching principles that will guide and shape the thinking and discussions with external parties as we continue to develop the formal Implementation Plan.
6. We acknowledge that the principles may need to adapt over time and/or be added to as we further understand the challenges and risks/opportunities in various approaches to implementing this policy. This paper is intended to outline the thinking of staff thus far and to seek feedback on what is missing or needed to be improved.
7. The Cambridge English dictionary defines a principle as, a basic idea or rule that explains or controls how something happens or works. Staff envisage that the principles would explain or control how the approach to policy and rules for the catchment are put into practise, how they are enforced and how they are developed.
8. Principles identified are:
8.1. We are adaptive and we will innovate – much of the policy we understand well and the approaches are prescriptive and clearly laid out. Much of it is not so and will require thought and discussion to find the right approach. This will require us to be flexible (adaptive) and to look for alternatives (innovate).
8.2. We aim to be enabling – within the purpose of the RMA it promotes sustainable management and sustainable management allows for the use of natural and physical resources to enable communities to provide for social, cultural and economic wellbeing’s while ensuring sustainability, life supporting capacity and the management of effects. The fact that the RMA is intended to be an enabling piece of legislation is therefore important and a crucial principle.
8.3. We recognise that landowners and occupiers are critical for making a difference – the vast majority of the actions (either regulatory or non-regulatory) required to achieve policy outcomes for this catchment need to be ‘delivered’ by landowners and occupiers. They are the critical piece of the puzzle to successful implementation and therefore effectiveness of the policy.
8.4. We are outcome focused – throughout the implementation journey it is important that we retain a focus on the big picture and what the policy seeks to achieve, the objectives. If we continually ask the question, ‘will this take us towards the desired outcome (objective)’ as we make choices.
8.5. We will focus on areas of risk that have high initial return – our current understanding of the catchment and the water quality issues clearly identifies where the priorities are and where we should focus our efforts. This approach, to prioritise where we focus our efforts is a key principle as we build capability and develop the work programme
8.6. We will not drive people out of business – the policy and rule framework for the catchment will require a change to the way that some enterprises are managed. This has the potential to impact income and the profitability of an enterprise. We do not believe that the Board of Inquiry, nor Council would intend that the implementation of PC6 in the catchment unnecessarily drove people out of business. It is accepted that business approaches may need to change and the introduction of Industry Good Practise will incur cost, but that this should not be required to such a level as to make a business unprofitable thereby driving people out of business.
8.7. Our communication is open and honest – it is important that we communicate openly with landowners and occupiers, tangata whenua and the broader community about our success and failures. In doing so we look to create an environment of continual improvement and acceptance that we may need to make mistakes to move forward.
8.8. Our solutions/approaches are relevant, enduring and workable – given that some aspects of the policy implementation are unclear and we need to work through how these will work solutions and new approaches are inevitable. In creating new approaches and solutions we should be mindful that they should be able to be continued to be resourced and supported by Council and landowners/occupiers so that they continue and remain effective.
8.9. We recognise tangata whenua as a partner in implementation – Policy TT16 requires that we establish and maintain a special relationship with iwi and hapu within the catchment to develop the implementation plan and ongoing monitoring of cultural values and mauri. In order that we do this well we will require a solid and enduring relationship with Maori within the catchment.
9. We recognise that other stakeholder groups can contribute knowledge, resources and processes, and we will partner with these groups – There are a broad range of groups, both statutory and non-statutory who have an interest in the successful implementation of policy. We should work constructively with them and use their knowledge to improve our approaches where appropriate.
Decision Making Process
10. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
10.1. The decision does not significantly alter the service provision or affect a strategic asset.
10.2. The use of the special consultative procedure is not prescribed by legislation.
10.3. The decision does not fall within the definition of Council’s policy on significance.
10.4. The persons affected by this decision are all persons with an interest in the management of the Tukituki catchment.
10.5. The decision is not inconsistent with an existing policy or plan.
10.6. 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.
1. That the Maori Committee receives the “Tukituki Implementation Principles” report.
Group Manager Resource Management