Agenda of Maori Committee - 15 August 2017

Meeting of the Hawke's Bay Regional Council

Maori Committee

Date: Tuesday 15 August 2017

Time: 10.15am

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 15 August 2017 Meeting 3

4. Confirmation of Minutes of the Maori Committee held on 20 June 2017

5. Follow-ups from Previous Māori Committee Meetings 5

6. Call for Any Minor Items Not on the Agenda 13

Decision Items

7. Adoption of the Māori Committee Charter and Terms of Reference 15

8. Maori Committee Representatives on HBRC Hearings Committee 31

Information or Performance Monitoring

9. Verbal Update on Current Issues by the HBRC Chairman

10. Heretaunga Plains Urban Development Strategy 2017 Update 33

11. Maori Representation 39

12. Verbal Presentation on Resource Consent Application and Hearing Processes

13. August 2017 Statutory Advocacy Update 43

14. Minor Items Not on the Agenda 57

Parking

1. Free 2-hour on-road parking is available on Vautier Street adjacent to the HBRC Building & on Raffles Street.

2. There is free all day parking further afield – on Munroe Street or Hastings Street by Briscoes.

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.

4. If you do pay for parking elsewhere, please provide your receipt to the Receptionist for reimbursement – or include with your expenses claim for the meeting.

NB: Any carparks that have yellow markings are NOT to be parked in please.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 15 August 2017

Subject: Adoption of the Māori Committee Charter and Terms of Reference

Reason for Report

1. To provide the 2017 Māori Committee Charter (the Charter), Attachment 1, and Terms of Reference (ToR), Attachment 2, for adoption by the Committee and recommendation to Council.

Background

2. Both the Charter and the ToR have been circulated for feedback from Māori Committee members, on occasion meetings have been held with Council staff, along with Māori Committee Working Party providing pivotal information for both documents.

Decision Making Process

3. 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:

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

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

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

3.4. The persons affected by this decision are all ratepayers in the region with an interest in the management of natural resources.

3.5. Options have been considered and explored via the review process with Māori Committee members and the Regional Planning Committee Tangata Whenua membership.

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

3.7. 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 Māori Committee receives and considers the “Adoption of the Māori Committee Charter and Terms of Reference” report, and approves the 2017 Charter and Terms of Reference for recommending to Council.

2. The Māori Committee recommends that Council:

2.1. 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.

2.2. Accepts and signs the 2017 Charter between the Māori Committee and Hawke’s Bay Regional Council

2.3. Adopts the Terms of Reference as agreed by the Māori Committee at its meeting 15 August 2017.

Authored by:

Joyce-Anne Raihania

Senior Policy and Strategic Advisor- Maori

Approved by:

Liz Lambert

Group Manager External Relations

Attachment/s

⇩1	Proposed Maori Committee Charter
⇩2	Proposed Maori Committee Terms of Reference

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 15 August 2017

Subject: Maori Committee Representatives on HBRC Hearings Committee

Reason for Report

1. To seek nominations from the Maori Committee, of two suitably qualified tangata whenua representatives to the HBRC Hearings Committee.

Hearings Committee

2. Interested nominees will either have “Making Good Decisions” RMA certification or be willing to go through the training to achieve certification. Members of the Committee are eligible to then be appointed to a Hearing Panel, which is appointed to hear and decide on specific Resource Consent applications.

3. The Hearings Committee meets as required, usually when the need to appoint a Hearing Panel arises.

Decision Making Process

4. 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:

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

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

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

4.4. 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 receives and notes the “Maori Committee Representatives on HBRC Hearings Committee” staff report.

2. The Maori Committee recommends that Council:

2.2. Confirms the appointment of ____________________ and _______________ as the Maori Committee representatives on the Hearings Committee.

Authored by:

Leeanne Hooper

Governance Manager

Approved by:

Malcolm Miller

Manager Consents

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 15 August 2017

Subject: Heretaunga Plains Urban Development Strategy 2017 Update

Reason for Report

1. This report provides an information update on the newly adopted 2017 version of the Heretaunga Plains Urban Development Strategy (‘HPUDS’). No decision is sought from the Māori Committee.

2. Each of the three partner councils (Hastings District Council, Hawke's Bay Regional Council and Napier City Council) adopted the updated 2017 Strategy at respective council meetings in the past few months.

3. Key parts of this report are replicas of similar advice that was presented to each of the respective three partner councils (i.e. HDC, HBRC and NCC) over the past few months.

Summary

4. The three HPUDS Partner councils recently adopted a revised Strategy for managing urban development (residential, commercial and industrial, plus associated infrastructure) within the Heretaunga Plains sub-region. The first joint Strategy was adopted in 2010. During 2016, that 2010 Strategy was reviewed, overseen by a joint working group.

5. The 2017 Strategy is a refresh of the earlier 2010 version. Overarching principles and vision of the original 2010 Strategy remain unaltered. The 2017 Strategy takes into account revised population projections and a range of information which has emerged since 2010.

6. Over the 2015-2045 planning period, projected growth would require over 10,000 extra dwellings – in a variety of forms (i.e. infill, greenfields, apartments, medium density, rural residential, etc). Over the same thirty year period, current projections for commercial and industrial development is anticipated to be accommodated within existing land already zoned for business.

7. The HPUDS Implementation Working Group is charged with overseeing the next steps of implementing HPUDS2017, including meeting obligations arising from the Government’s new National Policy Statement on Urban Development Capacity.

Further Background

HPUDS2010

8. HPUDS was first adopted in August 2010 by the Hastings District, Napier City and Hawke’s Bay Regional councils (the partner councils). The purpose of HPUDS2010 is to provide a comprehensive, integrated and effective growth management strategy for the Heretaunga Plains sub-region (refer Figure 1). HPUDS 2010 brought together the separate urban development strategies that both Hastings and Napier had in place covering the period from the 1990s through to 2015.

Figure 1 - Location Map of Heretaunga Plains sub-region

9. HPUDS takes a long-term view of land use and infrastructure and how growth will be managed in the Heretaunga Plains sub-region for the period 2015-2045. Other strategies and plans that will influence and be influenced by HPUDS include the Regional Land Transport Strategy, the Regional Land Transport Programme, each of the partner councils’ growth strategies; Long Term Plans (LTPs), district plans and the Regional Policy Statement.

10. HPUDS 2010 stated vision is:

“In 2045, the Heretaunga Plains is a place where there are thriving communities, quality living environments with high levels of amenity, and where mana whenua values and aspirations are recognised and provided for, and where:

· There is a growing and resilient economy which promotes opportunities to live, work, play and invest.

· The productive value of its soil and water resources are recognised and provided for, and sustainable use is promoted.

· The urban centres of Napier and Hastings have distinct identities and provide complementary living, working and learning opportunities.

· Community and physical infrastructure is integrated, sustainable and affordable.”

11.
HPUDS 2010 is also founded on a series of guiding principles as depicted in Figure 2.

Figure 2 - HPUDS2010 guiding principles

12. In implementing these principles, HPUDS 2010 seeks to achieve a compact development form that was settled on by the partner councils after an initial round of public consultation. At that time, the approach to achieve compact development was explained as:

“In the move towards more compact urban form for the Heretaunga Plains sub-region, an increasing proportion of the residential growth will need to take place through intensification, by redevelopment within existing residential and rural residential areas, development is expected to transition from current development allocation levels to the following by 2045:

· 60% intensification

· 35% greenfield

· 5% of population in rural areas.

The Strategy was also developed on the basis of achieving balanced supply between Napier and Hastings.”

13. This change to a more compact form was envisaged to take the form of a transition from largely greenfields development to intensification over time. HPUDS therefore identifies specific areas for greenfields development out to 2045 and seeks to limit development largely to these areas.

14. Defined growth areas in conjunction with intensification are:

14.1. more efficient and cost effective from an infrastructure and servicing point of view than an ad-hoc market led approach.

14.2. ensures land use and infrastructure can be coordinated, development well planned, and

14.3. growth on the versatile land of the Heretaunga Plains avoided as much as possible.

HPUDS Implementation and Review

15. Following adoption of the final HPUDS in August 2010, a working group (IWG) was formed to oversee its implementation. The IWG has no direct decision-making powers, but can make recommendations to the partner councils. The IWG consisted of:

15.1. Two elected members from each partner council

15.2. Mayors of Napier and Hastings councils

15.3. Chairperson of the Hawke's Bay Regional Council

15.4. Chief Executives from each partner council

15.5. Two mana whenua members (Robin Hape and Barry Wilson).

16. A small Technical Advisory Group (TAG) comprising senior planning staff from each of the three partner councils supports the Working Group.

17. HPUDS specifically anticipated it ought to be reviewed every five years after the results of the national census are available. In that way the Strategy can be kept up to date and relevant. Due to the Canterbury earthquakes delaying the last census, this first five-year review programmed for 2015 was delayed until 2016.

18. The IWG was charged with undertaking the first regular 5-year review and recommending any changes to HPUDS back to the partner councils. The IWG split the review into three stages as set out in Figure 3. The Review was not a wholesale rewrite of the 2010 document.

Figure 3 - Representation of the HPUDS Review's key stages

19. The ‘stocktake’ reports completed as part of the HPUDS Review Stage 1 generally confirmed that the HPUDS 2010 assumptions and directions around urban growth remain sound despite there being a slightly larger than projected increase in population during the period 2009 - 2015.

20. The updated projections result in a slight population increase over the 30 year period to 2045 and a more significant increase in dwelling growth (based on adopting the medium–high growth projections). Nevertheless this increase would still be able to be accommodated within the HPUDS identified greenfield growth areas and the infill growth projections over the long term, with some amendments (i.e. there is a sufficient buffer).

21. After considering matters arising from the initial reporting ‘stock take’, the IWG agreed that the scope of this first 5-yearly review (i.e. remaining review Stages 2 and 3) would be to:

21.1. consider councils' requests for alternative sites to include in the strategy and make any required or requested changes to the settlement pattern (including reconsideration of inappropriate areas for development)

21.2. further investigate the rural residential land supply and regulatory responses

21.3. evaluate the retirement sector and options for accommodating retirement villages

21.4. update natural hazard information

21.5. remove redundant or low value recommended actions from the strategy, and correct omissions and errors.

Public Consultation (Stage 3)

22. The third stage featuring public consultation, involved refreshing the long-established website (www.hpuds.co.nz) with the content updated in July 2016. All the 2015 – 2016 Review information, including new maps and information regarding the making of submissions was posted on that website. Full page advertisement/explanations were included in the community newspapers on 3 August 2016 and articles were also included in the Hawke’s Bay Today to advise the opportunity to make submissions on a reviewed HPUDS document.

23. The most notable amendments arising from the IWG’s recommendations were:

23.1. Add Romanes Drive as Greenfields Growth Area back to Thompson Road in addition to Brookvale Road, with a yield of around 350 sites.

23.2. Remove south Clive from the list of areas classified as inappropriate for growth and identify the 4 hectares at the end of Read Crescent as being appropriate for growth (approximately 40 sites).

23.3. Make reference to assessment of Raymond Road as part of Cape Coast master planning following the Clifton to Tangoio Coastal Hazards Strategy.

23.4. Expand Western Hills (Taradale Hills/Mission Heights) area and increase indicative yield from 350 to 600 sites.

23.5. Reclassify Arataki Extension as a Reserve Area and clarify the restricted circumstances for utilising “reserve areas” for development.

23.6. Not identify any extra new industrial/business greenfield growth areas.

24. Table 1 presents a revised split of residential intensification v greenfields v lifestyle housing over the 30 year planning period.

Table 1: revised allocation of additional residential households 2015-2045

Type of Development	2015 (%) Development	Proposed of Additional Households [No.]
Type of Development	2015 (%) Development	2015-2025	2025-2035	2035-2045	TOTAL 2015-2045
Intensification	[35]	40% [2138]	51% [1706]	60% [1152]	47% [4996]
Greenfields	[40]	50% [2673]	42% [1405]	35% [672]	45% [4749]
Rural Residential	[25]	10% [534]	7% [234]	5% [96]	8% [875]
Total	[100]	5345	3345	1920	10610

25. Marae-based settlements or papakainga housing are not included within the quantified of projected housing demands and housing needs so those types of developments are not limited by HPUDS. District plans may need to consider Maori aspirations in this regard. Indeed in the period 2010 to 2015, multiple unit papakainga developments have been constructed in the Waipatu and Waiohiki areas.

National Legislative Developments

26. In recommending increases in the greenfield growth areas available and adding ‘Reserve Areas’ to HPUDS, the IWG gave consideration to the then impending ‘National Policy Statement on Urban Development Capacity 2016’ (NPSUDC), which came into effect on 1 December 2016. In short this NPS places an obligation on councils to meet demand for residential development in the following timeframes:

26.1. short term 1-3 years (which must be zoned and serviced)

26.2. medium term 3-10 years (which must be zoned and either serviced or allocated to be serviced in the LTP and

26.3. long term 10-30 years (identified in plans and strategies).

27. There is a potential tension between HPUDS and the NPSUDC. HPUDS seeks to influence the nature of future urban growth (towards greater intensification of existing urban areas) while the NPSUDC seeks that current and future demand is satisfied (with current demand being for greenfield land). Just how far reaching that is will become clearer once the Ministry for the Environment publishes further implementation guidance. Examination of this issue is likely to be a focus of some further work overseen by the new HPUDS Implementation Working Group.

Decision Making Process

28. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendations

That the Maori Committee receives and notes the “Heretaunga Plains Urban Development Strategy update” staff report.

Authored by:

Gavin Ide

Manager, Strategy and Policy

Approved by:

Tom Skerman

Acting Strategic Development Group Manager

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 15 August 2017

Subject: Maori Representation

Reason for Report

1. To provide tangata whenua representatives with the information relating to Māori representation on the Hawke’s Bay Regional Council to enable a recommendation to inform Council’s decision on whether or not to establish Māori Constituencies for the 2019 and 2022 local government elections.

Background

2. As part of its Representation Review, the Hawke’s Bay Regional Council must first consider whether to establish Māori constituencies in the Hawke’s Bay region.

3. The Local Electoral Act 2001 (the Act) provides that Māori wards or constituencies may be established for territorial authorities. This can be achieved either by way of a local authority resolution or as the outcome of a poll of electors. Such a poll may either be demanded by electors or be the result of a local authority resolution. The statutory provisions for establishing Māori wards or constituencies are set out in sections 19Z to 19ZH of the Act.

4. A local authority resolution or a demand for a poll by 5% of electors may be made at any time. However, the Act provides that if a resolution or valid poll demand is to apply for the next triennial election, they must be made within a particular timeframe. This timeframe is designed to follow that applying to the choice of electoral system. This is because the choice of electoral system may influence a decision on the establishment of Māori wards or constituencies.

5. If the local authority does make a resolution to establish Māori wards or constituencies it must give public notice of this resolution. The public notice must include a statement that a poll will be required to countermand the local authority resolution.

Calculating the number of members

6. The process for determining the number of members to be elected from both Māori and general wards/constituencies is set out in clauses 2 and 4 of Schedule 1A) and involves:

6.1. determining the total number of members of the local authority

6.2. multiplying the total number of members by the ratio of the Māori electoral population to the total (Māori and general) electoral population.

7. For territorial authorities the following formula is applied:

nmm = mepd x nm

mepd + gedp

nmm is the number of Māori ward members

mepd is the Māori electoral population of the district

gepd is the general electoral population of the district

nm is the proposed number of members of the territorial authority (other than the mayor).

Fractions are rounded up or down to the nearest whole number.

8. The general electoral population and the Māori electoral population are defined in section 3 of the Electoral Act 1993. The general electoral population is the total ordinarily resident population at the last census less the Māori electoral population. The Māori electoral population is a calculation based on the number of electors on the Māori roll and proportions of those of Māori descent not registered and those under 18 years of age.

9. Table 1, shows that by implementing this formula for the Hawke’s Bay Region, the outcome would be two Maori Constituency Members.

Table 1

Key dates

10. As part of this process, detailed timeframes are found within the statutory provisions of the Act. These relevant provisions relating to the establishment of Māori wards or constituencies are:

10.1. a local authority may resolve to establish Māori wards or constituencies and, if made no later than 23 November two years before the next triennial local election, the resolution takes effect for the next triennial local election (section 19Z)

10.2. if a local authority makes such a resolution to establish Māori wards or constituencies it must give public notice of this fact by 30 November two years before the next triennial local election including a statement that a poll is required to countermand that resolution (section 19ZA)

10.3. 5% of electors may demand a poll at any time on whether a district or region should be divided into one or more Māori wards or constituencies (section 19ZB)

10.4. a local authority may resolve at any time to conduct a poll on whether the district or region should be divided into Māori wards or constituencies (section 19ZD)

10.5. if, prior to 28 February in the year before the next triennial local election, either a valid demand for a poll is received (under section 19ZB) or the local authority resolves to hold a poll (under section 19ZD) this is notified to the electoral officer and the poll must be held not later than 82 days after the notification i.e. not later than 21 May in that year, and the result of the poll takes effect for the next two triennial local elections (section 19ZF)

10.6. if a valid demand for a poll is received after 28 February in the year before the next triennial local election, the poll must be held after 21 May in that year and takes effect for the next but one triennial local election and the subsequent election (section 19ZC)

10.7. sections 19Z to 19ZD do not apply if the result of a poll took effect at the previous triennial local election or takes effect at the next triennial local election (section 19ZE).

Options Assessment

11. The options for Council are to either:

11.1. establish Māori Constituencies for Hawke’s Bay

11.2. not establish Māori Constituencies

11.3. resolve to hold a poll to ask the communities of Hawke’s Bay whether or not to establish Māori constituencies.

12. If Council’s decision is to establish Māori Constituencies then that must be resolved by 23 November, and that resolution publicly notified by 30 November 2017.

Considerations of Tangata Whenua

13. The following legislative references are provided for information.

13.1. A principle of the Local Electoral Act 2001 is to implement ‘(a) fair and effective representation for individuals and communities’ (Section 4(1)(a) Local Electoral Act 2001).

13.2. The purpose of local government is – (a) to enable democratic local decision-making and action by, and on behalf of, communities; and (b) to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.’ (section 10 Local Government Act 2002).

13.3. A local authority must – (a) establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority; and (b) consider ways in which it may foster the development of Māori capacity to contribute to the decision-making processes of the local authority’ (section 81 (1) (a)(b) Local Government Act 2002).

14. In considering these Council Maori membership positions, it is important to remember that this will not affect the Tangata Whenua Representative appointments to the Regional Planning Committee.

Decision Making Process

15. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendations

That the Māori Committee:

1. Receives and considers the Maori Representation staff report

2. Puts forward an agreed view for Council to consider as part of its decision making process on whether to establish Maori Constituencies in Hawke’s Bay

3. Agrees to seek feedback from iwi/hapu and brings that back to the 17 October Māori Committee to enable a formal recommendation to be made to Council’s 25 October 2017 meeting.

Authored by:

Leeanne Hooper

Governance Manager

Joyce-Anne Raihania

Senior Policy and Strategic Advisor- Maori

Approved by:

James Palmer

Chief Executive

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Māori Committee

Tuesday 15 August 2017

SUBJECT: August 2017 Statutory Advocacy Update

Reason for Report

1. To report on proposals forwarded to the Regional Council and assessed by staff acting under delegated authority as part of the Council’s Statutory Advocacy project since the last update in June 2017.

2. The Statutory Advocacy project (Project 196) 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 attached summary plus accompanying map outlines those proposals that the Council’s Statutory Advocacy project is currently actively engaged in.

Decision Making Process

5. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That the Maori Committee receives and notes the August 2017 Statutory Advocacy Update staff report.

Authored by:

Gavin Ide

Manager, Strategy and Policy

Approved by:

Tom Skerman

Acting Strategic Development Group Manager

Attachment/s

⇩1

Statutory Advocacy Report