Meeting of the Clifton to Tangoio Coastal Hazards
Strategy Joint Committee
Date: Friday 27 November 2020
Time: 10.00am
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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 Title Page
1. Welcome/Notices/Apologies
2. Conflict
of Interest Declarations
3. Confirmation of
Minutes of the Clifton to Tangoio Coastal Hazards Strategy Joint Committee held
on 16 October 2020
4. Actions from
Previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee 3
5. Call for Minor
Items Not on the Agenda 7
Decision Items
6. Terms of Reference
Amendment 9
Information or Performance Monitoring
7. Project Manager's
Update 21
8. Current Coastal
Projects Update 23
9. Workstream package
– Regulatory reports 25
10. Communications and workshop
update 29
11. Discussion of Minor Matters
Not on the Agenda 31
Decision Items (Public Excluded)
12. Appointment of Funding Review
Lead 33
13. Confirmation of Public
Excluded Meeting held on 16 October 2020 35
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
SUBJECT: Actions from Previous Clifton to
Tangoio Coastal Hazards Strategy Joint Committee
Reason for Report
1. In order to track items raised at previous meetings that require
action, a list of outstanding items is prepared for each meeting. All action
items indicate who is responsible for each, when it is expected to be completed
and a brief status comment.
2. Once the items have been completed and reported
to the Committee they will be removed from the list.
Decision Making Process
3. 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 Clifton to Tangoio
Coastal Hazards Strategy Joint Committee receives and notes the “Actions
from previous Clifton to Tangoio Coastal Hazards Strategy Joint Committee
Meetings” report.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
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⇩1
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Action items
for November 2020 meeting
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Action
items for November 2020 meeting
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Attachment 1
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Call for Minor Items
Not on the Agenda
Reason
for Report
1. This item provides the means for Joint Committee members to raise
minor matters they wish to bring to the attention of the meeting.
2. Hawke’s Bay Regional Council standing order 9.13
states:
2.1. “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
3. That the Clifton to Tangoio Coastal Hazards Strategy Joint Committee
accepts the following “Minor Items Not on the Agenda” for discussion as Item 11:
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Annelie Roets
GOVERNANCE ADMINISTRATION ASSISTANT
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James Palmer
CHIEF EXECUTIVE
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Terms of Reference
Amendment
Reason for Report
1. This item
provides an opportunity for the Joint Committee to review and amend its current
Terms of Reference to provide for the appointment of an independent
facilitator.
Officers’ Recommendation(s)
2. The
Joint Committee recommends an amendment to the Terms of Reference to include a
new clause Independent Facilitation:
13 Independent
Facilitation
13.1 Any matter or
matters being considered by the Joint Committee may be referred by the Chair
for independent facilitation.
13.2 Where a
matter is referred for independent facilitation:
· A
sub-committee of the Joint Committee shall be established, with at least one
Tangata Whenua Member and at least one member from each Partner Council.
· The
subcommittee shall identify and assess candidates to undertake the
facilitation, and develop recommendations to the Joint Committee to appoint a
preferred candidate.
· The
Joint Committee shall receive and consider the subcommittee’s
recommendation and confirm an appointment.
· The
appointment may be made for a set duration (e.g. for 12 months) or on a task
specific basis.
13.3 The role of
independent facilitator is to assist the Joint Committee to consider, debate
and reach resolution on specified matters.
13.4 The
independent facilitator shall act in every respect as an independent and
neutral third party and shall have no voting or decision-making functions.
Background /Discussion
3. Following the
2019 Local Elections, the Joint Committee reviewed and amended the Terms of
Reference in February 2020 to capture minor updates and newly appointed
Councillors.
4. Since then, the
Joint Committee has considered the merits of calling on the services of an
independent facilitator to assist with complex debates or issues.
5. Having agreed
to make provision for independent facilitation, the Joint Committee requested
that the Technical Advisory Group prepare suggested amendments to its Terms of Reference.
6. This paper
presents the recommended amendments for Joint Committee consideration.
7. Agreed
amendments will need to be recommended back to each Partner Council for
adoption.
Financial and Resource Implications
8. There are no
significant financial or resource implications.
9. Any decision to
appoint an independent facilitator in future will necessitate its own financial
and resource assessment, but costs are unlikely to be significant.
Decision Making
Process
10. Council
and its committees are 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, nor is it inconsistent with an existing policy or plan.
10.2. The use
of the special consultative procedure is not prescribed by legislation.
10.3. The
decision is not significant under the criteria contained in Council’s
adopted Significance and Engagement Policy.
10.4. The persons affected by
this decision are all existing member organisations of the Joint Committee,
rate payers within the Napier and Hastings districts and those with an interest
in the coastal margins of those districts.
10.5. 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
That the
Joint Committee:
1. Receives and considers the “Terms of Reference Amendment”
staff report.
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 Council can exercise its discretion and make decisions on
this issue without conferring directly with the community or persons likely
to have an interest in the decision.
3. Recommends
an amendment to the Terms of Reference to include a new clause Independent
Facilitation as follows:
13 Independent
Facilitation
13.1 Any
matter or matters being considered by the Joint Committee may be referred by
the Chair for independent facilitation.
13.2 Where a
matter is referred for independent facilitation:
· A
sub-committee of the Joint Committee shall be established, with at least one
Tangata Whenua Member and at least one member from each Partner Council.
· The
subcommittee shall identify and assess candidates to undertake the
facilitation, and develop recommendations to the Joint Committee to appoint a
preferred candidate.
· The
Joint Committee shall receive and consider the subcommittee’s
recommendation and confirm an appointment.
· The
appointment may be made for a set duration (e.g. for 12 months) or on a task
specific basis.
13.3 The role of
independent facilitator is to assist the Joint Committee to consider, debate
and reach resolution on specified matters.
13.4 The
independent facilitator shall act in every respect as an independent and
neutral third party and shall have no voting or decision-making functions.
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Authored by:
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Simon Bendall
Project Manager
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Monique
Thomsen
Executive Assistant
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
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⇩1
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Nov2020
updated C-T Coastal Hazards Strategy Joint Committee Terms of Reference added
s13
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Nov2020
updated C-T Coastal Hazards Strategy Joint Committee Terms of Reference added
s13
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Attachment 1
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Project Manager's
Update
Reason for Report
1. In accordance with standing instructions from the Joint Committee,
this report is provided in place of the written report required from the
Project Manager under the Terms of Reference for the Joint Committee.
2. It provides an opportunity for the Project Manager to present a
verbal update to the Committee and answer any questions on general project
matters including tracking against timeframes, milestone achievements and
project risks. The Project Manager will provide a verbal update at the meeting.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives the “Project
Managers Update” report.
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Current Coastal
Projects Update
Reason
for Report
1. This report provides an opportunity for the Technical Advisory Group
(TAG) to provide an update on various coastal projects the Joint Committee has
expressed an interest in keeping abreast of, namely:
1.1. Whakarire Ave Revetment Works
1.2. Extended consent area for sand deposition at Westshore
1.3. Haumoana 18
1.4. Capeview corner
1.5. Whirinaki.
2. TAG members will provide a verbal update on each of these projects
at the meeting.
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Recommendation
That the Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives the “Coastal Projects
Update”
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Authored by:
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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Workstream package
– Regulatory reports
Reason for Report
1. This report presents outputs from the ‘Regulatory Workstream’
of Stage 4 of the Clifton to Tangoio Coastal Hazards Strategy project, being:
1.1. a policy and regulation report; and
1.2. a ‘consent-ability’ report.
Executive Summary
2. The Regulatory workstream focused on two principal tasks:
2.1. summarising key planning and regulatory documents that could impede
or support implementation of the preferred pathways; and
2.2. summarising actions to ensure short-term adaptation responses can be
implemented, including use of several case studies.
3. Mitchell Daysh Limited were contracted to undertake this work due to
limited staff availability.
4. Table 1 presents a brief summary of the two reports prepared in the
Regulatory Workstream. The two reports in full are circulated to Joint
Committee members under separate cover.
Background
5. Clifton to Tangoio Coastal Hazard Strategy 2120 (‘the
Strategy’) has progressed to Stage 4 of a four-stage development process.
Stage 4 will culminate in the identification of clear implementation plan which
will identify the actions required to implement the preferred adaptation
pathways identified as part of Stage 3 of the Strategy development process.
6. The Regulatory Workstream is one of several workstreams underway in
Stage 4 of the Strategy (refer Figure 1).
Figure 1: Stage 4 workstreams
7. Mitchell Daysh Limited were contracted to undertake this work due to
limited staff availability. Earlier draft versions of MDL’s reports
were reviewed by members of the Technical Advisory Group prior to those reports
being finalised. The reports were also reviewed by Paul Beverly who is a
Partner at law firm Buddle Findlay.
Table 1 – Brief summary of Stage 4 Regulatory Workstream reports
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Policy
and Regulation Report
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Consent-ability
report
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Purpose
· Summarise key national, regional and local
level planning and regulatory documents that could impede or support
implementation of the adaptation pathways identified during Strategy Stage 3;
· Provide recommendations on changes that
may be required to existing planning and policy documents, (esp. regional and
local plans);
· Summarise actions to be taken to ensure
short-term adaptation responses can be implemented.
· Looked at several case studies, including
several outside of Hawke’s Bay region.
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Purpose
· Identify local planning context and key
environmental values ascribed to each priority unit;
· Provide a high-level overview of the
planning framework and key provisions that are likely to be determinative to
the resource consent process(es);
· Identify the high-level resource consent
requirements, the key consenting challenges based on the environmental values
and the planning framework and identify methodologies for mitigating those
challenges.
· Looked at three case studies for
implementing coastal protection structures.
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Recommendations (pages 53-58)
1. Establish extra workstream in
Stage 4 to coordinate various tāngata whenua interests in Strategy.
2. Advocate for changes to the NZ
Coastal Policy Statement to better provide for hard coastal protection
structures in appropriate circumstances.
3. Amend Regional Policy Statement
to provide policy recognition and support of implementing outcomes as per
Strategy.
4. Amend Regional Coastal
Environment Plan, Napier District Plan and Hastings District Plan to:
a. give greater recognition of
Strategy’s short term adaptation responses, including benefits
b. avoid further land use
intensification in locations that will hinder long-term delivery of Strategy.
5. To ensure Strategy is afforded
greater weight in resource consent decision-making processes, embed
Strategy’s key features into the Regional Policy Statement (and
regional plans/district plans) as relevant, alternatively run a Local
Government Act ‘special consultative process’ on the Strategy to
provide further structured opportunity for public participation in Strategy
development.
6. Take actions to ensure three
councils are applying a consistent set of coastal hazard parameters to their
various decisions (e.g. in context of Building Act, LIMs, resource consents,
asset management and procurement etc.
7. Ensure array of council officers
(wider than just the Technical Advisory Group personnel) are informed and
engaged about progress of the Strategy.
NB:
further detailed recommendations are set out in Tables 4 to 7 of the Report.
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Conclusions (pages 76-79)
8. NZ Coastal Policy Statement
creates highly challenging policy for many applications.
9. Regional and district plans
are drafted in broad terms – not place-based with specific solutions or
tailored restrictions.
10. Adaptation responses likely to find a
consent-able pathway in most cases, subject to granular assessments of
effects not identifying significant adverse effects.
11. Impoundment of Ahuriri Estuary is a
prohibited activity. Recommend seeking legal advice on interpretation
of ‘impoundment’ if this would prohibit elements of the Pandora
Priority Unit’s inundation protection response.
12. For each priority unit:
a. evaluate indigenous biodiversity value,
natural character and natural features to confirm pathway through
NZCPS’s ‘avoidance’ policy framework.
b. undertake baselines studies pre-works,
(e.g. ecology and water quality states).
c. undertake further
project-specific engagement with mana whenua [see Recommendation #1].
d. develop an approach to ensure Reserves
Act classifications do not hinder implementation of Coastal Strategy
adaptation pathways. This may involve altering status of reserves
and/or amending reserve management plans.
13. For proposed renourishment activities,
consider future sediment sources & impacts of transport routes/methods.
14. Develop community engagement plan to
structure community consultation around detailed options and associated
environmental effects.
15. Tactical choices still to be made
about ‘bundling’ consent applications c.f. separated for each
project/priority unit.
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Next Steps
8. Both the Policy & Regulation Report plus the Consentability
Report now form part of the package of background investigations being
undertaken by the Technical Advisory Group as part of wider programme of works
associated with Stage 4 of the Strategy.
9. These two reports will inform the wider Stage 4 programme, and
ultimately the Joint Committee’s thinking about the overall strategy to
manage coastal hazards along the Clifton to Tangoio coastline for the short,
medium and longer term.
Decision Making
Process
10. 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 Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives and notes the “Workstream package – Regulatory reports” staff report.
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Authored by:
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Gavin Ide
Principal Advisor Strategic Planning
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
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⇨1
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Policy and
Regulatory Review report for Stage 4 of Clifton to Tangoio Coastal Hazard
Strategy 2120
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Under
Separate Cover
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⇨2
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Consentability
of short term adaptation responses report for Stage 4 of Clifton to Tangoio
Coastal Hazard Strategy 2120
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Under
Separate Cover
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Communications and
workshop update
Reason for Report
1. This report gives an update on communications and the community
workshops for the Coastal Hazard Strategy.
Executive Summary
2. Communications have been focused on re-engaging the previous panel
members and setting up a series of workshops.
3. We have begun our series of eight workshops with the community,
focusing on some of the Technical Advisory Group’s workstreams.
Strategic Fit
4. This supports the implementation of the Clifton to Tangoio Coastal
Hazards Strategy 2120.
Background
5. In 2018 the Northern and Southern Cell Assessment Panels delivered
their recommendations to the Partner Councils on short, medium and long term
‘adaptive’ responses to coastal hazards along the Clifton to
Tangoio Coastline.
6. Since then, the project team have been busy developing the detail around
those recommendations, including developing a coastal processes model, concept
designs for the proposed actions, revised costings, and a funding model.
7. In September, we held a meeting with previous panel members to
update them on progress and invite them to be involved in a round of workshops
to present and discuss the outcomes of our work.
Discussion
8. There will be eight workshops in total focusing on design, managed
retreat, and signals, triggers, and thresholds.
9. The workshops are to test the Technical Advisory Group’s work
over the past few years with the community before going to consultation in late
2021.
10. There was
a strong response with 25 previous panel members participating, and 5 new
members. There is representation across the units and we have participants from
the Department of Conservation, Napier Port, and NZ Transport Agency.
11. There was
an online project briefing for previous panel members and new workshop
participants to recap the work of the strategy and clarify any questions.
12. The first
workshop was help on 18 November. You will receive a verbal update about the
workshop on 27 November.
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Workshop
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Date
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Topic
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Location
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1
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Wednesday 11 November
5.30 - 6.30 pm
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Virtual – recap and refresh for everyone with
chance to ask questions.
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Virtual (Zoom)
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2
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Wednesday 18
November
5.30 - 8pm
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Design workstream outputs
(Northern Cell focus)
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Napier War Memorial
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3
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Wednesday 2 December
5.30 - 8pm
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Design workstream outputs
(Southern Cell focus)
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Napier Sailing Club
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4
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Wednesday 10 February
5.30 - 8pm
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Design workstream outputs
(Northern Cell focus)
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Napier Sailing Club
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5
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Wednesday 24 February
5.30 - 8pm
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Design workstream outputs
(Southern Cell focus)
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Napier War Memorial
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6
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Wednesday 31 March
5.30 - 8pm
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Managed retreat workshop
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Napier Sailing Club
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7
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Wednesday 5 May
5.30 - 8pm
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Developing Signals, Triggers & Thresholds
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Napier Sailing Club
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8
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Wednesday 16 June
5.30 - 8pm
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Developing Signals, Triggers & Thresholds
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Napier Sailing Club
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13. A newsletter has been put out, and an opinion editorial under Chair
van Beek’s name was published in Hawke’s Bay Today in November.
Decision Making
Process
14. 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 Clifton to Tangoio Coastal
Hazards Strategy Joint Committee receives and notes the “Communications
and workshop update” staff report.
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Authored by:
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Rebecca
Ashcroft-Cullen
Communications Advisor
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Attachment/s
There are no
attachments for this report.
Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Discussion of Minor
Matters Not on the Agenda
Reason for Report
1. This document has been prepared to assist Joint
Committee members note the Minor Items Not on the
Agenda to be discussed as determined earlier in Agenda
Item 4.
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Item
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Topic
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Raised
by
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1.
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2.
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3.
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
Subject: Appointment of Funding
Review Lead
That Hawke’s Bay Regional
Council excludes the public from this section of the meeting, being Agenda Item
12 Appointment of Funding Review Lead 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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Appointment of Funding Review Lead
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7(2)s7(2)(b)(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 otherwise would be likely unreasonably
to prejudice the commercial position of the person who supplied or who is the
subject of the information.
7(2)s7(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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Simon Bendall
Project Manager
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Approved by:
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Chris
Dolley
Group Manager Asset Management
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Clifton
to Tangoio Coastal Hazards Strategy Joint Committee
Friday 27 November 2020
SUBJECT: CONFIRMATION OF PUBLIC EXCLUDED MINUTES ON 16 OCTOBER 2020
That Hawke’s Bay Regional
Council excludes the public from this section of the meeting being Confirmation
of Public Excluded Minutes Agenda Item 13 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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Funding Review - Process Options
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7(2)s7(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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Funding Review - Appointment of Lead
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7(2)s7(2)(a) 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
protect the privacy of natural persons
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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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Annelie Roets
Governance Administration Assistant
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Approved by:
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James Palmer
Chief Executive
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