MINUTES OF A meeting of the

Regional Planning Committee


Date:                          Wednesday 5 April 2017


Time:                          10.00am



Council Chamber

Hawke's Bay Regional Council

159 Dalton Street



Present:                     T Waaka – Co Chair Ngāti Pāhauwera Development & Tiaki Trust

                                    Cr R Graham - Co Chair

                                    Cr P Bailey

                                    Cr R Barker – Deputy Co Chair

                                             Cr T Belford

                                    K Brown – Ngāti Hineru Iwi Inc

                                    Cr A J Dick

                                    M Heperi Northcroft – Ngāti Tūwharetoa Hapū

                                    Cr D Hewitt

                                    P Hill – Tūhoe Te Uru Taumatua

                                    T Hopmans – Deputy Co Chair -Mangaharuru Tangitū Trust  Via Skype

                                    N Kirikiri – Te Toi Kura O Waikaremoana

                                    Cr N Kirton

                                    R Maaka – He Toa Takitini  until

                                    J Maihi-Carroll – Mana Ahuriri Trust

                                    M Mohi – HBRC appointee

                                    P Paku - He Toa Takitini

                                    A Smith – Te Tira Whakaemi o Te Wairoa

                                    Cr F Wilson



In Attendance:          G Woodham – Interim Chief Executive

J Palmer – Group Manager Strategic Development

E Lambert – Group Manager External Relations

I Maxwell – Group Manager Resource Management

M-A Baker – Senior Planner

J Buttery – Governance Administration Assistant

1.       Welcome/Apologies/Notices 

Mr Toro Waaka welcomed everyone and asked Dr Roger Maaka to open the meeting with a Karakia.  Mr Mike Mohi said a few words regarding the death of Michael Taylor, HBRC staff member.

Cr Beaven’s absence without apology was noted.


2.       Conflict of Interest Declarations

Dr Roger Maaka spoke of his potential conflict of interest as a member of the upcoming Ngaruroro and Clive rivers Water Conservation Order Special Tribunal, advising that he has decided to stand down from the RPC until the Special Tribunal has been completed.

There were no further declarations of interest.


Dr Maaka left the meeting at 10:08 am.


3.       Confirmation of Minutes of the Regional Planning Committee Meeting held on 1 March 2017



Minutes of the Regional Planning Committee held on Wednesday, 1 March 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.





Follow-up Items from Previous Regional Planning Committee Meetings


Mr James Palmer spoke to the follow-up items.

1.   Regarding Plan Change for Oil and Gas, staff are finalizing a contract with an external provider for this plan change technical advice and the preferred providers are Opus. Further advice will be presented to an upcoming RPC meeting once Consultants have commenced their preliminary work.

2.   Mr Palmer spoke of Dr Maaka’s position on the Water Conservation Order Special Tribunal and the potential conflict with the TANK plan change project also. Mrs Lambert will write a letter to He Toa Takitini to seek a replacement member to the RPC for the duration of Dr Maaka’s absence.

3.   Outstanding fresh waterbodies. Advice to come back to this committee on 3 May, after feedback supplied to staff from the Tangata Whenua Hui  to be held prior to this meeting.(4 April)

4.   Legal Issues regarding GMOs. Some advice to be provided to RPC when legislative issues are clearer. Ongoing legal uncertainty remains for now with RMA reforms and several unresolved court proceedings.

5.   Water Conservation Order application - Members of the Special Tribunal received letters formally confirming their appointments, only yesterday. The Tribunal members still have yet to meet and call for submissions.

6.   NZ Petroleum and Minerals Proposed Block Offer 2017, there will be consents required for undertaking some exploration activities in our coastal marine area, and HBRC will still have regulatory oversight of these activities if they occur. Seismic surveying is a permitted activity under the Regional Coastal Environment Plan, subject to certain performance standards. 

Discussion ensued regarding the government ignoring HBRC’s request for excluding all of the Hawke’s Bay coastal marine area from the block offer release area. One member suggested that maybe HBRC should seek the support of other regional councils for a stand against the government. It was felt that there could be support for HBRC from other regions on this matter. Mr Palmer told the committee that advice would be coming back to them covering the following three parts on the practicalities and legal issues associated with a prohibition for:

1.   surface water bodies and aquifers.

2.   recharge zones for aquifers.

3.   the coastal marine areas.




That the Regional Planning Committee receives and notes the report “Follow-up Items from Previous Regional Planning Committee Meetings”.





Call for Items of Business Not in the Agenda



1.     That the Committee accepts the following “Items of Business Not on the Agenda” for discussion as Item 9.

Minor items for discussion only



Councillor / Staff


Update on Lake Tutira workshop

Cr Bailey


Fish & Game EDS – Environment Court

Cr Belford


Meeting frequency

Cr Wilson/Cr Hewitt


Selection of new CE

M Mohi


Whangawehi Community Day

M Mohi


Oil and Gas Meeting

Cr R Graham


Confirmation of Appointment Letters

Mr T Waaka





Government's "Clean Water" Reform Proposals and Draft Submission


Mrs Mary-Anne Baker outlined the main issues of the paper. The concept has support but more details are required related to the implementation and execution, plus concern from the technical staff regarding monitoring and reporting.

Discussion took place regarding the submission as a position statement which needs to incorporate the values of the Tangata Whenua. The Tangata Whenua cannot be held responsible for the timeframes being tight. It was suggested that an extension be requested. Mr Palmer told the Committee that the submission comes from the Regional Council, but only after consultation with the RPC.

Cr Belford raised some questions regarding Farm Plans. It was suggested that Council  to look at the bigger picture with a more integrated approach which gives maximum effect for the resources available. The principles that HBRC stand for in our submissions should be very clearly articulated and strongly stated in terms of what we want to achieve in terms of water quality.

The Chair stated that swimmability should just be a starting point, Maori would like the waters to be drinkable. Concern was expressed that the main focus was on the rivers, it was felt that the tributaries run through the farms and that is where the problems start.  It is possible for these tributaries to be fenced. 

Questions were asked about vegetation that is not considered aquatic, and species that inhabit river environs though not actually in the waters.

Mātauranga Māori needs to be driven by the local community not by the council or government. The onus is on local iwi to look for ways to be effective and efficient.

Monitoring for swimmability and how the Clean Water will be monitored compared to how monitoring is carried out at the moment is also a question that needs to be answered.

Similar themes are being expressed by other councils. There will also be a Local Government submission. A body of work is underway regarding the goals of swimmability targets for 2030 and 2040.

Regarding the Freshwater Improvement Fund, we need to make a comment regarding vulnerable water bodies and this region obtaining our share of funds available for water improvement.



The Regional Planning Committee recommends that Council:

1.  That Council contact the Ministry for the Environment to request an extension of time for the submission, from 28 April to a date following the RPC meeting on 3 May 2017, so that the RPC can meet again to discussion the submission.

2.  Requests that staff work with the Tangata Whenua representatives to incorporate their comments into the draft submission for approval by the RPC on 3 May 2017.

3.  Requests that Council delegates the final decision on the “Clean Water” submission to the RPC on 3 May 2017.



4.  That the Regional Planning Committee receives and notes the “Government's "Clean Water" Reform Proposals and Draft Submission” report.

5.  Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion 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.

6.  Make a submission to the Ministry for the Environment in respect of the Clean Water discussion document as outlined in this report and subject to further feedback received at the RPC meeting on 3 May 2017.





April 2017 Resource Management Planning Project Update


Mr Palmer spoke to this standing item.

·      Coastal Hazards strategy in full flight, there is a huge amount of work to do but it is all on track, with a package of recommended plan changes. Work happening between Councils regarding a funding mechanism for future work.

·      NPS – a report will be done with Annual Report.

·      TANK is on track but difficult choices ahead for writing the Plan Change. Going fast at the moment in an effort to meet timeframes.

·      Mohaka Plan, hoping to get back on track. There is a strong commitment for advancing the Mohaka Plan change. Comment was made regarding better relationships between Council and Forestry groups, regarding silt run off. This will be influenced by National Environmental Standard.

·      Outstanding Freshwater Bodies Plan Change, will be following up on the Tangata Whenua representatives’ discussion.

·      Plan Change 5 just awaiting an Environmental Court Date, but will probably not be given priority.

·      RRMP an effectiveness review should be underway in this calendar year.  It proposes to review those areas of the plan that are not otherwise included in other plan changes. A report will be brought back to the June meeting, outlining the scope of the planned review.  

·      Oil and Gas Plan Changes. Further advice coming back in the future.



That the Regional Planning Committee receives and takes note of the ‘April 2017 Resource Management Planning Projects Update’ report.

Barker/Heperi Northcroft




April 2017 Statutory Advocacy Update


A request for a paper back to the RPC showing the current consenting framework and what is looked for today regarding contaminants and what the future could look like in the matter of policy reform.



That the Regional Planning Committee receives and notes the April 2017 Statutory Advocacy Update report.





Items of Business Not on the Agenda


Minor items (for discussion only)





Update on Lake Tūtira workshop

As part of Council’s environmental hotspots, Crs Graham and Bailey have been meeting with landowners at Tūtira.  Will be working on a work programme with staff, hoping to come back to this committee with further information. It is hoped there can be a workshop in the future where people can come and air their thoughts. Clearly a public interest in Tūtira. The committee supports this idea.

Cr Bailey


Fish & Game and Environmental Defence Society (EDS) – Environment Court judgement on the Horizons One Plan appeals

Councillor Barker left the meeting at 12:10 pm.

We need to be made fully aware of the effect that this decision will have on this Council. This is central to our efforts to control water quality. Will not be an isolated episode. Staff will provide advice on this matter. J Palmer and I Maxwell.

Cr Belford


Meeting frequency

Do we need to be rigid in the monthly meeting? Could some of these things be dealt with off line? We need to be wise with time. To drive for 2 hours for a 2 hour meeting. TW hui before the meeting is valuable. Gives time together to get to know each other and work together. More items on the agenda, but meeting around the table is valuable.

Cr Wilson/ Cr Hewitt


Selection of new CE

Information for the TW, Council moved that the TW be part of the selection panel for the new CE. TW would like to have a say in terms of the KPIs and the person specification.

M Mohi


Whangawehi Community Day  (Mahia)

Next Monday a Community day, the recipients of national awards and an outstanding project partly funded by HBRC.

M Mohi


Oil and Gas Meeting

Crs Graham and Bailey met with representatives of Oil and Gas. Not happy with HBRC’s stand. We can expect a challenge.

Cr Graham


Confirmation of Appointment Letters

To keep things tidy, letters will be going to Tangata Whenua organisations asking for reconfirmation of appointments to this committee.

T Waaka




Mike Mohi gave a Karakia to conclude the meeting.



There being no further business the Chairman declared the meeting closed at 12.36pm on 5 April 2017.


Signed as a true and correct record.


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