MINUTES OF A meeting of the

Regional Planning Committee



Date:                          Wednesday 3 May 2017

Time:                          9.00am


Council Chamber

Hawke's Bay Regional Council

159 Dalton Street



Present:                     Cr R Graham - Chair

T Waaka – Co Chair Ngāti Pāhauwera Development & Tiaki Trust

                                    Cr P Bailey

                                    Cr R Barker – Deputy Co Chair

                                    Cr P Beaven

                                    Cr T Belford

                                    K Brown – Ngāti Hineru Iwi Inc (arrived at 9.30am)

                                    Cr A J Dick

                                    M Heperi Northcroft – Ngāti Tūwharetoa Hapū

                                    Cr D Hewitt

                                             N Kirikiri – Te Toi Kura O Waikaremoana

                                    Cr Neil Kirton

                                    L Munroe He Toa Takitini (arrived at 9.50am)

                                             P Paku - He Toa Takitini

                                    A Tapine – Tātou Tātou O Te Wairoa Trust

                                    Cr F Wilson



In Attendance:          G Woodham  – Interim Chief Executive

J Palmer – Group Manager Strategic Planning

I Maxwell – Group Manager Resource Management

M-A Baker – Senior Planner Strategy & Policy

G Ide – Manager Strategy& Policy

S Swabey – Manager Science

S Lambert - Senior Planner Strategy & Policy

R Ellison – Tangata Whenua Advisor

J Buttery – Governance Administration Assistant


L Blomfield – Legal Advisor – Sainsbury Logan and Williams (PE Only)


1.       Welcome/Apologies/Notices

The Chairman welcomed everyone to the meeting, however due to a lack of a quorum the meeting was not convened and it was decided to await the arrival of late members, at which time the meeting would officially begin.

Mr Iain Maxwell - Group Manager Resource Management gave the committee an update on the four applications that HBRC has made to the Freshwater Improvement Fund. The four applications totalling just under $6.5m over three years for the Tukituki and five years for Whakaki Lake, Ahuriri Estuary and Lake Tūtira amounting to a proposed spend of $14.5m if HBRC is successful in obtaining all that was requested. All these projects are for activity on the ground, fencing, planting and physical actions within these catchment areas to deal with water quality challenges.

Mr Maxwell thanked Councillor Beaven for his input into the Ahuriri Estuary part of the application, and also Councillor Kirton for his input from Hohepa.


Karauna Brown arrived at 9.30am, providing a quorum so the meeting convened.




That apologies from T Hopmans, J Maihi-Carroll and M Mohi be accepted.




2.       Conflict of Interest Declarations

There were no conflict of interest declarations.

The committee was informed that new tangata whenua member, Apiata Tapine is also a Napier City councillor.


3.       Confirmation of Minutes of the Regional Planning Committee Meeting held on 5 April 2017



Minutes of the Regional Planning Committee held on Wednesday, 5 April 2017, a copy having been circulated prior to the meeting, were taken as read and confirmed as a true and correct record.





Follow-ups from previous Regional Planning Committee Meetings


Mr Palmer advised that the Clean Water Submission is an item on the current agenda and the feedback received from the Tangata Whenua regarding freshwater bodies.

Mr Maxwell informed the committee that the outline of the scope of the RRMP effectiveness review will be incorporated in an item for the next meeting and that he will be seeking clarification regarding the request for stormwater consents and state of water quality, from the April 2017 Statutory Advocacy Update.

Regarding the Environment Court Declaration, he hopes to provide region specific regional advice when Horizons have obtained legal advice.

Mr Palmer advised a workshop held regarding the Oil and Gas plan change raised a number of matters that require further clarification and suggests that a workshop be held with this committee.

Still a watching brief on GMOs.



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





Call for Items of Business Not on the Agenda



That the Regional Planning Committee accepts the following Minor items for discussion only



Raised by


What is being done to support marae during emergencies such as the Civil Defence emergency in Edgecombe?

Toro Waaka





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


Mary-Anne Baker explained that the tabled draft includes comments from tangata whenua on HBRC’s Clean Water Submission, she made some general comment about the content of some of the changes.

Discussions arose about the meaning of the swimmability and how swimmability works throughout the year. Swimmability actually means good quality water, all year round, not just about swimming during the summer months.

Liz Munroe arrived at the meeting at 9.50am

Concern was raised from Councillors that they had not had time read and digest the revised Clean Water submission. Questions were asked regarding the changes and what impact those changes had on the final document.

Riki Ellison – technical advisor to the tangata whenua, explained his background and association with the tangata whenua and various organisations. He gave explanations of the changes to the submission requested by tangata whenua and what those changes mean. He explained the meaning behind the Te Mana o Te Wai additions to the document. Tangata Whenua have taken a principled approach to the changes made, they have left the technical details to the HBRC, nothing from what has been seen previously has been changed, just expanded from the tangata whenua perspective.

Further discussions took place regarding the various changes proposed with some minor wording changes noted.

It was suggested that the MfE be invited to explain the changes to the RMA to this council.

The meeting adjourned for morning tea at 10.15am and reconvened at 11.15am.

The Chairman expressed his view that if the government does not heed the HBRC submission, HBRC should follow their own conscience and follow their own path.



1.      That the Regional Planning Committee

1.1.      Receives and notes the “Government's "Clean Water" Reform Proposals and Draft Submission” report.

1.2.      Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that the Committee 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.

1.3.      Agrees to lodge the submission to the Ministry for the Environment in respect of the Clean Water discussion, as tabled at the meeting, subject to minor changes discussed at the meeting.





Science Inputs to Regional Planning Committee Work Plan 2017-18


Dr Stephen Swabey explained that the item lays out a programme of work that will be presented to the RPC and also state of the environment ongoing work. Largely science information designed to give information. A conscious decision has been made that the science reports would be presented to support decision making.



That the Regional Planning Committee receives and notes the Regional Planning Committee Work Plan 2017-18 – Part 2 Science Inputs” report.





Items of Business Not on the Agenda


Minor items (for discussion only)



Raised by


What is being done to support Marae in emergencies?

During the latest emergencies, Mr Waaka noted that marae were the first to respond to the needs of the community. How do Councils support marae?

Questions should be directed to the Civil Defence Committee. There are a lot of things that could be done on marae that would aide in the event of an emergency. Generators, pallets of fresh water etc.

Toro Waaka



Plan Change 5 Appeal - Confidential Settlement Offer



1.       That Council excludes the public from this section of the meeting, being Agenda Item 9 Plan Change 5 Appeal - Confidential Settlement Offer with the general subject of the item to be considered while the public is excluded; the reasons for passing the resolution and the specific grounds under Section 48 (1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution being:





Plan Change 5 Appeal - Confidential Settlement Offer

7(2)(c)(ii) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of that information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide and would be likely otherwise to damage the public interest.

7(2)(g) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to maintain legal professional privilege.

7(2)(i) That the public conduct of this agenda item would be likely to result in the disclosure of information where the withholding of the information is necessary to enable the local authority holding the information to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

The Council is specified, in the First Schedule to this Act, as a body to which the Act applies.


2.      That Lara Blomfield remains in attendance, as a partner of Sainsbury Logan & Williams Lawyers to answer questions regarding tabled legal opinion.




The meeting went into public excluded session at 11.30am and out of public excluded session at 12.15pm


Matiu Heperi Northcroft offered a karakia to close the meeting.




There being no further business the Chairman declared the meeting closed at 12.20pm on 3 May 2017.



Signed as a true and correct record.




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