Meeting of the Regional Planning Committee
Date: Wednesday 6 September 2017
Time: 12.30pm
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Venue:
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Council Chamber
Hawke's Bay Regional Council
159 Dalton Street
NAPIER
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Agenda
Item Subject Page
1. Welcome/Notices/Apologies
2. Conflict
of Interest Declarations
3. Confirmation of
Minutes of the Regional Planning Committee held on 2 August 2017 and the
Regional Planning Committee held on 22 August 2017
4. Follow-ups from
Previous Regional Planning Committee Meetings 3
5. Call for Items of
Business Not on the Agenda 7
Decision Items
6. Oil & Gas Plan
Change Work Programme Update 9
7. Regional Planning
Committee 2016-17 Annual Activity Report 21
Information or Performance Monitoring
8. Presentation of
Experiences of an Applicant for Customary Recognition under Marine and Coastal
Area (Takutai Moana) Act 2011 (1.30pm) 37
9. Verbal
Presentation on the Science of the Heretaunga Plains Water Resource
10. Items of Business Not on the
Agenda 41
Decision Items (Public Excluded)
11. Confirmation of Public
Excluded Minutes 43
Parking
There will be named parking spaces for
Tangata Whenua Members in the HBRC car park – entry off Vautier Street.
Regional Planning Committee Members
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Name
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Represents
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Karauna Brown
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Ngati Hineuru
Iwi Inc
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Tania Hopmans
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Maungaharuru-Tangitu
Trust
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Nicky
Kirikiri
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Te Toi Kura o
Waikaremoana
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Liz Munroe
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He Toa
Takitini
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Joinella
Maihi-Carroll
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Mana Ahuriri
Trust
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Apiata Tapine
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Tātau
Tātau O Te Wairoa
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Matiu Heperi
Northcroft
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Ngati
Tuwharetoa Hapu Forum
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Peter Paku
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He Toa
Takitini
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Toro Waaka
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Ngati
Pahauwera Development and Tiaki Trusts
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Paul Bailey
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Hawkes Bay
Regional Council
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Rick Barker
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Hawkes Bay
Regional Council
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Peter Beaven
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Hawkes Bay
Regional Council
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Tom Belford
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Hawkes Bay
Regional Council
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Alan Dick
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Hawkes Bay
Regional Council
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Rex Graham
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Hawkes Bay
Regional Council
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Debbie Hewitt
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Hawkes Bay
Regional Council
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Neil Kirton
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Hawkes Bay
Regional Council
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Mike Mohi
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Hawkes Bay
Regional Council - Maori Committee Chair
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Fenton Wilson
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Hawkes Bay
Regional Council
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Total number of
members = 20
Quorum and Voting Entitlements Under the Current Terms
of Reference
Quorum
(clause (i))
The Quorum for the Regional Planning Committee is 75%
of the members of the Committee
At the present time, the quorum is 15 members.
Voting Entitlement (clause (j))
Best endeavours will be made to achieve decisions on a
consensus basis, or failing consensus, the agreement of 80% of the Committee
members in attendance will be required. Where voting is required all
members of the Committee have full speaking rights and voting entitlements.
Number of Committee members present Number
required for 80% support
20 16
19 15
18 14
17 14
16 13
15 12
14 11
HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
Subject: Follow-ups from
Previous Regional Planning Committee Meetings
Reason for Report
1. On the
list attached are items raised at Regional Planning Committee meetings that
staff have followed up. All items indicate who is responsible for follow up,
and a brief status comment. Once the items have been reported to the Committee
they will be removed from the list.
Decision Making Process
2. 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.
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Recommendation
That the Regional Planning Committee receives the report
“Follow-up Items from Previous Meetings”.
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Authored by:
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Judy Buttery
Governance Administration Assistant
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Approved by:
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Liz Lambert
Group Manager External Relations
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Attachment/s
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⇩1
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Follow-us
from previous meetings
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Follow-us
from previous meetings
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
Subject: Call for Items of
Business Not on the Agenda
Reason
for Report
1. Standing order 9.12 states:
“A meeting may deal with
an item of business that is not on the agenda where the meeting resolves to
deal with that item and the Chairperson provides the following information
during the public part of the meeting:
(a) the
reason the item is not on the agenda; and
(b) the
reason why the discussion of the item cannot be delayed until a subsequent
meeting.
Items not on the agenda may be brought before the
meeting through a report from either the Chief Executive or the Chairperson.
Please note that nothing in this standing order removes
the requirement to meet the provisions of Part 6, LGA 2002 with regard to
consultation and decision making.”
2. In addition,
standing order 9.13 allows “A meeting may discuss an item that is not
on the agenda only if it is a minor matter relating to the general business of
the meeting and the Chairperson explains at the beginning of the public part of
the meeting that the item will be discussed. However, the meeting may not make
a resolution, decision or recommendation about the item, except to refer it to
a subsequent meeting for further discussion.”
Recommendations
1. That
the Regional Planning Committee accepts the following “Items of Business
Not on the Agenda” for discussion as Item 10:
1.1. Urgent items of Business (supported
by tabled CE or Chairpersons’s report)
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Item
Name
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Reason not on Agenda
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Reason discussion cannot be delayed
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1.
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2.
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1.2. Minor items for discussion only
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Item
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Topic
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Councillor
/ Staff
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1.
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2.
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3.
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Leeanne Hooper
GOVERNANCE & CORPORATE
ADMINISTRATION MANAGER
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Liz Lambert
GROUP MANAGER
EXTERNAL RELATIONS
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
Subject: Oil & Gas Plan
Change Work Programme Update
Reason for Report
1. The reason for
this report is two-fold. Firstly, it presents to the Committee an update on the
oil and gas plan change project for information purposes. Secondly, this report
presents the draft ‘Iwi and Stakeholder Engagement Plan’ for
project. Attachment 1. This report seeks ‘in principle’
support for the engagement plan from the Committee. Staff would welcome
feedback from Committee members on the draft engagement plan, particularly in
relation to the proposed consultation process, those parties who have been
identified, and the general content of the Plan.
Plan change project update
2. Opus Planning
Consultants have been appointed to assist preparation of a plan change
intending to prohibit oil and gas exploration activities within productive
aquifers, aquifer recharge areas, surface water bodies and potentially parts of
the coastal marine area in the Hawke’s Bay region. As part of their
contract, Opus have developed a programme of works timetabling the scope of
work required to prepare a draft plan change for the Committee’s
consideration ready for public notification.
3. Opus are
currently working through Stage 1 of the plan change process. Stage 1 involves
understanding what information is currently available and what (if any) further
information might be required to provide a robust evidence base to prohibit oil
and gas activities in identified areas. This analysis primarily focuses on the
environmental risks associated with oil and gas activities in Hawke's Bay.
4. Many of these
risks are inter-linked but in summary, the main areas of environmental risk
are:
4.1. Seismicity
4.1.1. induced seismicity, e.g. as a
result of hydraulic fracturing or deep well injection
4.1.2. the risk to drilling and well
facilities from naturally occurring earthquakes
4.2. Well
integrity
4.3. Waste
management
4.4. Spills and
leaks
4.5. Hazardous
substances management
4.6. Ecological
effects
4.6.1. noise in the marine
environment
4.6.2. sediment generation in the
marine environment
4.6.3. freshwater impacts related to
the above risk areas.
5. Given the
relative absence of oil and gas development in the Hawke’s Bay region,
most information around these risks and how to manage them has come from
Taranaki (in the NZ context) or from overseas. The next step will be to see if
there is advice that can be commissioned that would help us better understand
the risks from a Hawke’s Bay perspective and how much this would cost.
This will be worked through with technical staff from HBRC and/or Opus in the
near future.
6. Stage 2 of the
work programme covers engagement with iwi and stakeholders. Opus will be
undertaking that engagement. Undertaking targeted consultation in this second
stage of the process allows for discussion to be informed by the technical
advice which will be developed in Stage 1. Engagement is an important part in
the process for drafting of the oil and gas plan change. It is anticipated that
the feedback and suggestions made by iwi and stakeholder groups will assist in
the development of the Plan Change options, which will then be presented to RPC
near the end of 2017.
7. Following this,
draft management options will be developed and presented to the RPC. Once
confirmed, the section 32 analysis will progress along with the drafting of any
new provisions to the RRMP and RCEP. This is all likely to occur during early
2018.
Planning for iwi and
stakeholder engagement
8. For
larger-scale projects such as plan changes, the Council’s practice is to
prepare individualised plans for engagement with iwi and relevant stakeholders.
These plans serve to provide guidance and direction on the form and pace of
engagement regarding preparation of this particular plan change while also
aligning with HBRC’s 2017 Local Governance Statement, including the
‘significance and engagement policy.’
9. A draft
‘Iwi and Stakeholder Engagement Plan’ has been developed by HBRC
staff. Staff invite feedback from the Committee on the draft engagement plan.
10. Options for the possible
forms of engagement range from focussed and swift through to elaborate and
lengthy. Planning staff have formed the draft engagement plan based on what
they have considered as an appropriate level of engagement given the
circumstances of this particular plan change project (e.g. statutory
obligations, level of council discretion under the RMA with whom it chooses to
consult, complexity and range of issues, timing, and resourcing available).
11. The engagement plan is
deliberately not an action by action account of every task. During Stage
2 of the project, stakeholder engagement will be undertaken in general
accordance with the draft plan. Following in principle support of the
engagement plan, ensuring appropriate engagement with the iwi and stakeholder
groups will primarily sit with Opus International Consultants with oversight
from the Council’s Strategic Development Group.
Decision Making
Process
12. 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:
12.1. The
decision does not significantly alter the service provision or affect a
strategic asset.
12.2. The use
of the special consultative procedure is not prescribed by legislation.
12.3. The
decision does not fall within the definition of Council’s policy on
significance.
12.4. The
decision is not inconsistent with an existing policy or plan.
12.5. 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.
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Recommendations
1. That the Regional Planning Committee
1.1. Receives and notes the “Oil & Gas Plan Change Work
Programme Update” staff report.
2. The Regional Planning 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. Supports in-principle the attached ‘Iwi and Stakeholder
Engagement Plan’ incorporating feedback arising at the Regional
Planning Committee meeting.
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Authored by:
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Ceri Edmonds
Planner
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Gavin Ide
Manager, Strategy and Policy
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Approved by:
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Gavin Ide
Manager, Strategy and Policy
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Attachment/s
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⇩1
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Draft Iwi and
Stakeholder Engagement Plan
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Draft
Iwi and Stakeholder Engagement Plan
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
Subject: Regional Planning
Committee 2016-17 Annual Activity Report
Reason for Report
1. To present the
draft 2016-17 annual report of the Committee’s activities for the
Committee to adopt. Attachment 1. This document will be available via
the Council’s website and is not intended to be published in hardcopy
format.
Next Steps
2. The
Council’s Annual Plan identifies within ‘Activity 3 –
Community Representation & Regional Leadership’ that at the end
of each financial year, an Annual Report on Regional Planning Committee
activities will be prepared. The attached draft Annual Activity Report has been
prepared to fulfil this requirement covering the 2016/17 financial year period
and is before the Committee for consideration, review and adoption.
3. As noted above
this report is to be ‘published’ on the council website only, it is
not intended that hardcopies be produced this year.
4. It is intended
that once the content of the Annual Activity Report is agreed that this will be
translated into Te Reo (by Jeremy Tātere MacLeod who provided translation
services for last year’s report) prior to it being published on the
Council website. It is proposed to make the Annual Activity Report for
2016-2017 available for public viewing later this month (September 2017).
5. Following
discussions at the previous Regional Planning Committee meeting on
2 August, it was agreed that further steps need to be undertaken to
develop the profile and public awareness of the Regional Planning Committee,
including but not limited to the Committee’s activities, programme of
work and outcomes achieved. This is to be developed through various media, a
re-vamp of the online video and other communications projects, which are to be
considered and developed. The discussions around raising the profile of the
Regional Planning Committee are to be considered as separate workstreams led by
the Communications team, and it is suggested that this be progressed over the
coming months, and delivered once the Committee’s revised Terms of
Reference are agreed.
Decision Making
Process
6. 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:
6.1. The decision does not significantly alter the service provision or
affect a strategic asset.
6.2. The use of the special consultative procedure is not prescribed by
legislation.
6.3. The decision does not fall within the definition of Council’s
policy on significance.
6.4. The decision is not inconsistent with an existing policy or plan.
6.5. 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.
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Recommendations
The Regional Planning Committee receives and adopts the “Regional
Planning Committee 2016-17 Annual Activity Report” for
publication on the Council website, incorporating any amendments that may
arise at the meeting.
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Authored by:
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Ceri Edmonds
Planner
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Gavin Ide
Manager, Strategy and Policy
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Approved by:
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Gavin Ide
Manager, Strategy and Policy
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Attachment/s
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⇩1
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Annual
Activity Summary Report 2016-2017
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Annual
Activity Summary Report 2016-2017
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Attachment 1
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
Subject: Presentation of
Experiences of an Applicant for Customary Recognition under Marine and Coastal
Area (Takutai Moana) Act 2011
Reason for
report
1. Bonny
Hatami, Ngāti Pāhauwera has offered to give a verbal presentation of
her/Ngāti Pāhauwera’s experience as an applicant for Customary
Marine Title, Protected Customary Rights and wāhi tapu under the Marine
and Coastal Area (Takutai Moana) Act 2011 (MACA Act).
Background
2. The
idea for this presentation emerged from an earlier report to the Committee
summarising the thirty plus applications lodged under the Marine and Coastal
Area (Takutai Moana) Act for part of the Hawke’s Bay coastline. To
provide the Committee with some background information to understand what the
Marine and Coastal Area (Takutai Moana) Act 2011 means for Local Government the
below FAQs have been prepared.
3. In
addition to these FAQs the Committee are also directed to the previous months
Agenda Item 12 ‘August 2017 Statutory Advocacy Update’. This
provides an up to date snapshot of all those Marine and Coastal Area (Takutai
Moana) Act 2011 Applications for the Hawkes Bay Region. This update is provided
to the Committee every second month.
FAQ’s
4. What
is the Marine and Coastal Area (Takutai Moana) Act 2011?
The MACA Act replaced
the Foreshore and Seabed Act 2004. The new Act implemented a
‘no-ownership’ regime over the marine and coastal area (with some
exceptions) and introduced mechanisms to recognise Māori customary rights
in that area.
5. What
are the mechanisms which have been introduced?
The key mechanism are;
a) Protected
customary rights (PCR’s) – allowing certain traditional practices
to be exercised without regulatory constraint e.g. collection of hangi stones,
and
b) Customary
Marine Title (CMT) – this is a similar mechanism to, but not, ownership.
It comes from a common law concept which recognises property rights of
indigenous people that have continued since or before acquisition of Crown
sovereignty to the present day. CMT is inalienable – the land cannot be
sold. It cannot be converted to freehold title. It recognises the relationship
that existed, and that will continue to exist between iwi and hapū and the
marine and coastal area.
6. Who
could submit an application for PCR or CMT?
Any iwi, hapū or
whanau group. The application could also be made by a legal entity or a natural
person appointed as representative of one or more of these groups.
When the review of the
Foreshore and Seabed Act 2004 was announced those negotiations already underway
were placed on hold. Those groups were then invited to begin negotiations under
the new regime of the MACA Act when it was enacted. A natural consequence of
restoring access to the Courts enabled parties to negotiate a settlement
outside of the courts to eliminate excessive costs or uncertainty.
7. Was
there a deadline for submissions?
Yes, applicants could
submit their application from the date of the Act coming into effect (2011)
until the 3 April 2017 (six years).
8. How
did people submit?
There
were two avenues for submitting a MACA application, either to the Crown (direct
engagement) or via the High Court. Applicants could (and many did) submit via
both processes.
9. Was
there certain criteria to be met?
Yes, the Act specified
certain tests which needed to be met in order to qualify for both CMT and/or
PCR.
To have customary marine
title (CMT) recognised over an area the applicant group must prove:
· The group hold the specified area in accordance with tikanga; and
· The group have exclusively used and occupied the specified area,
without substantial interruption, either:
o From 1840 to the
present day, or
o From the time of a
customary transfer until the present day.
To have protected
customary rights (PCR) recognised, the applicant group must prove:
· The group have exercised the activity in accordance with tikanga
since 1840; and
· The group continue to exercise the activity today, in one way or another.
10. What
does having CMT mean?
Essentially it means
that the CMT group have a number of rights, including:
a) An
RMA permission right – despite a grant of resource consent the consented
activity may not be commenced in the CMT area without permission of the CMT
group. The decision of the CMT group to give or decline an activity is not
subject to appeal or objection.
b) A
conservation permission right – similarly, this enables the CMT group to
give or decline permission to the establishment of for example a reserve.
c) A
wāhi tapu protection right – a CMT group may seek to include
recognition of wāhi tapu in the CMT order or agreement. If recognised in
accordance with tikanga to protect an area prohibitions or restrictions of
access may be applied.
d) The
right to create a planning document – the CMT group can prepare a
planning document in accordance with tikanga. Once lodged the document must be
taken into account when making any decision under the Local Government Act in
relation to the CMT area.
11. What
does having a PCR mean?
By having PCR
recognised, a consent authority must not grant resource consent if that
activity will, or likely will, have an adverse effect which is more than minor
on the exercise of protected customary right, unless written approval is
obtained from the PCR group. Equally, a PCR means that Local Authorities must
not have rules in plans permitting activities, if that activity will, or is
likely to have an adverse effect which is more than minor on a PCR.
12. What
are the immediate obligations under the MACA Act?
There is an obligation
for any resource consent applicant to notify and seek the views of an applicant
for CMT, before the resource consent application is lodged. This obligation
arises now i.e. as soon as the CMT application is lodged with the High Court or
through direct engagement with the Crown.
13. Have any decisions been made on the applications?
The Minister has made
his first decision on an application submitted by Ngāti Pāhauwera.
This decision was made public in June this year. Ngāti Pāhauwera
ratified the Minister’s decision on the 7 August 2017. There are still
further steps in the process prior to the CMT being given legal effect. The
next steps are for Ngāti Pāhauwera and the Minister to sign the
Recognition Agreement, then the Recognition Agreement is given legal effect
through an Act of Parliament.
The remaining steps are
anticipated to take approximately a further 10-12 months before the CMT is in
full effect.
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Recommendation
That the
Regional Planning Committee receives and notes the verbal “Presentation
of Experiences of an Applicant for Customary Recognition under Marine and
Coastal Area (Takutai Moana) Act 2011”.
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Authored by:
Approved by:
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Gavin Ide
Manager, Strategy and Policy
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Attachment/s
There are no
attachments for this report.
HAWKE’S BAY REGIONAL
COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
Subject: Items of Business Not
on the Agenda
Reason for Report
1. This document has been prepared to assist
Committee Members to note the Items of Business Not on
the Agenda to be discussed as determined earlier in Agenda
Item 5.
1.1. Urgent items of Business (supported by report tabled by CE or Chair)
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Item
Name
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Reason not on Agenda
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Reason discussion cannot be delayed
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1.
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2.
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1.2. Minor items (for discussion only)
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Item
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Topic
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Councillor
/ Staff
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1.
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2.
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3.
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4.
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5.
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HAWKE’S BAY REGIONAL COUNCIL
Regional
Planning Committee
Wednesday 06 September 2017
SUBJECT: Confirmation of Minutes
That the Council excludes the public
from this section of the meeting being Confirmation of Public Excluded Minutes
Agenda Item 11 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:
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GENERAL SUBJECT OF THE ITEM TO BE
CONSIDERED
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REASON FOR PASSING THIS RESOLUTION
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GROUNDS UNDER SECTION 48(1) FOR THE
PASSING OF THE RESOLUTION
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Ngaruroro Water Conservation Order
Submission
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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).
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The Council is specified, in the First
Schedule to this Act, as a body to which the Act applies.
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Authored by:
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Judy Buttery
Governance Administration Assistant
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Approved by:
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Liz Lambert
Group Manager External Relations
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